Hong Kong Case Law: Decisions & Judgments

Topic

Refreshers

Legal area

Court

30 Jul 2014

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

Citation

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4414/2001

The master concluded the counsel fees, while reflecting high quality advocacy, included services that went beyond what was necessary or proper on a party-and-party taxation and amounted to luxuries recoverable only on a solicitor-and-own-client basis; accordingly the reviews of taxation were dismissed and the prior allowances at taxation stand, with costs of the review to follow the event and a gross sum of HKD 12,900 awarded to the Plaintiff.
30 Sept 2013

GOTLAND ENTERPRISES LIMITED v. KWOK CHI YAU AND OTHERS

Citation

GOTLAND ENTERPRISES LIMITED v. KWOK CHI YAU AND OTHERS
Court

Court of First Instance
Case number

HCMP4550/2003

Unused refreshers under the Vine Formula are disallowed even on indemnity taxation; the full brief fee is not treated as wholly wasted and instead a limited number of refreshers were allowed to reflect wasted hearing days and reasonable additional preparation (court allowed four refreshers in total for each of the two counsel and disallowed extravagant items including a third counsel and summary assessment fees); indemnity costs of and occasioned by the adjournment were awarded against the 1st to 3rd defendants and summary assessment fixed amounts were ordered (Plaintiff HKD475,500; 5th defen…
29 Oct 2010

CHAN YIN HA v. CHIU PAK WANG LEO

Citation

CHAN YIN HA v. CHIU PAK WANG LEO
Court

Court of First Instance
Case number

HCPI805/2003

The Master refused the review and upheld the taxation rulings after applying HKCP principles: fees are allowed unless excessive; specific items were reallocated or reduced under party-and-party principles. The Master allowed specified brief fees and refreshers as reasonable given the complexity and work done, transferred certain site-visit and second-day witness meeting fees to the common fund, disallowed excessive items, allowed modest counsel assistance at taxation ($12,000), and ordered costs of the review to follow the event with defendants' costs to be borne by the plaintiff and Director…
19 Apr 1980

LO TO v. LAW CHEUNG SHUI CHUN AND OTHERS

Citation

LO TO v. LAW CHEUNG SHUI CHUN AND OTHERS
Court

Court of First Instance
Case number

HCA614/1978

The Court held that the Registrar had not acted improperly in the exercise of his taxation discretion and therefore his reductions and allowances were affirmed except for one item (refreshers for Mr. Richard Mills‑Owens) which lacked clear basis and must be reconsidered by the Registrar; interference is justified only where serious error is shown.
15 Aug 1970

JOHN ASIKAS AND ANOTHER v. THE NATIONAL INSURANCE CO OF NEW ZEALAND LTD

Citation

JOHN ASIKAS AND ANOTHER v. THE NATIONAL INSURANCE CO OF NEW ZEALAND LTD
Court

Court of First Instance
Case number

HCA742/1969

Refreshers claimed in items 250 and 251 are disallowed because the Rules of the Supreme Court (O.62 Part II r.2(4)) permit refreshers only where the trial or hearing lasts more than five hours and counsel did not appear in court; the local Vine Formula cannot override the taxing officer's statutory discretion in a party and party taxation.

Hong Kong Case Law

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

GOTLAND ENTERPRISES LIMITED v. KWOK CHI YAU AND OTHERS

CHAN YIN HA v. CHIU PAK WANG LEO

LO TO v. LAW CHEUNG SHUI CHUN AND OTHERS

JOHN ASIKAS AND ANOTHER v. THE NATIONAL INSURANCE CO OF NEW ZEALAND LTD