Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fee scale vs time basis

Legal area

Court

15 Aug 2003

CHAN KWONG MAN AND ANOTHER v. THE SECRETARY FOR TRANSPORT

Citation

CHAN KWONG MAN AND ANOTHER v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR36/2000

The Tribunal held that claims for professional costs under s.10(2)(e)(ii) are to be determined on a time basis because the statutory reasonableness test requires particulars of time spent and the experience of professionals, information not provided by the one-fee scale, and therefore assessment on a time basis is necessary and preferable.
15 Aug 2003

WU WAI KUEN v. THE SECRETARY FOR TRANSPORT

Citation

WU WAI KUEN v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR37/2000

The Tribunal held that professional costs under s.10(2)(e)(ii) are to be determined on a time basis because the statutory 'reasonableness' test requires evidence of time expended and the professionals' experience, information not supplied by a one‑fee scale; accordingly the time basis permits the Tribunal to assess reasonableness and avoid potential injustice from mechanical application of a single scale.