Hong Kong Case Law: Decisions & Judgments

Topic

Professional conduct of solicitors

Legal area

Court

9 Jun 2022

CHINACHEM CHARITABLE FOUNDATION LTD v. WILKINSON & GRIST (a firm)

Citation

[2022] HKCFI 1743
Court

Court of First Instance
Case number

HCMP877/2020

The summons to vary the costs order was dismissed because the Foundation was the overall winner having secured taxation of 54 of 76 bills; the monetary value of untaxed fees was not determinative of the effective winner; the Foundation's conduct did not sufficiently disentitle it to costs; WG's partial success did not justify varying the costs order nisi.
23 May 2022

LUK MEI SUET MICHELLE v. AFSAFARI SERVICES CO LTD AND OTHERS

Citation

[2022] HKDC 481
Court

District Court
Case number

DCCJ5593/2018

Because the sanctioned offer exceeded by the judgment and D3 failed to respond or to substantiate its defence, the court exercised its discretion under O.22 r.24 to award enhanced interest at 4% above judgment rate from 7 February 2019 to 23 February 2022 and indemnity costs, summarily assessed, totaling HK$295,000, payable forthwith.
23 Jul 2013

VERON INTERNATIONAL LTD v. RCG HOLDINGS LTD

Citation

VERON INTERNATIONAL LTD v. RCG HOLDINGS LTD
Court

Court of Appeal
Case number

CACV126/2012

The court refused to extend time because the defendant failed to demonstrate timely diligence or a satisfactory explanation for non-compliance with the disclosure order; the defendant's late conduct and inadequate engagement with the plaintiff and the court, together with unsatisfactory conduct by its solicitors, justified refusal of the extension and an award of costs on an indemnity basis.
18 May 2010

RE HASAN SUNARJO

Citation

RE HASAN SUNARJO
Court

Court of First Instance
Case number

HCAG8381/2006

The notarial "Inheritance of Right Statement" is not a foreign grant or court order required by Rule 29(a); accordingly the application cannot proceed under Rule 29(a). The court will waive procedural non-compliance for pragmatic reasons but directs the applicant to refile under Rule 29(b) with a confirmation from an Indonesian lawyer on whether a grant is required in Indonesia; the delay is attributable principally to the solicitors' poor conduct rather than the applicant's language or absence, justifying the court's admonition and consideration of depriving solicitors of costs (not enforced…
22 Dec 2000

L v. F

Citation

L v. F
Court

Family Court
Case number

FCMC5929/1998

The court found the Formal Bill was inflated compared with the Initial Bill and that the solicitor did not genuinely expect to recover close to the $101,980 claimed; accordingly the taxation should proceed on the basis of what provisional taxation would have produced, the solicitor was awarded a specific amount for drafting bills (4 hours at $1,600/hr) but was not awarded the costs of the formal taxation itself, and each of S and DLA must bear their own costs of the taxation because both parties' conduct contributed to the unnecessary hearing.
15 Dec 1995

CHEUNG FUK HOI v. POON WING PUI

Citation

CHEUNG FUK HOI v. POON WING PUI
Court

Court of First Instance
Case number

HCA8063/1991

The agreement was a sham securing a loan of HK$300,000 rather than a genuine contract for sale; accordingly specific performance was inappropriate and the Plaintiff's claim was dismissed, with judgment for the Defendant and costs.

Hong Kong Case Law

CHINACHEM CHARITABLE FOUNDATION LTD v. WILKINSON & GRIST (a firm)

LUK MEI SUET MICHELLE v. AFSAFARI SERVICES CO LTD AND OTHERS

VERON INTERNATIONAL LTD v. RCG HOLDINGS LTD

RE HASAN SUNARJO

L v. F

CHEUNG FUK HOI v. POON WING PUI