Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hypothetical counsel test

Legal area

Court

27 Nov 2009

HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENTS LTD

Citation

HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENTS LTD
Court

Court of Appeal
Case number

CACV79/2008

Applying Order 62 Part II para 2(5) and the factors in para 1(2), the taxing master assessed what a hypothetical senior counsel of equivalent standing would reasonably charge: adopted $6,000 per hour, estimated 12 full days preparation plus attendance on first day (13 days), 8 hours per day, resulting in proper brief fee $6,000 x 8 x 13 = $624,000; previous allowance of $400,000 was set aside and item 45 allowed at $624,000.
14 Nov 1984

UNION (V-TEX) SHIRT FACTORY LTD v. WONG PING SHAN AND OHTERS

Citation

UNION (V-TEX) SHIRT FACTORY LTD v. WONG PING SHAN AND OHTERS
Court

Court of First Instance
Case number

HCA602/1976

The court held that first-class air fares and first-class hotel accommodation for a London leader are to be treated, for the purpose of Order 62 rule 28(2), in the same way as counsel's fees and assessed by the hypothetical Hong Kong counsel test on a global basis; the taxing master's perfunctory reasons were inadequate so his disallowance was set aside and the items were allowable insofar as they did not exceed what a hypothetical Hong Kong leader would reasonably require.