Hong Kong Case Law: Decisions & Judgments

Topic

Transfer of client funds

Legal area

Court

2 Apr 2020

CHEUNG TAK MAN DESMOND AND ANOTHER v. LAM SIU SUN DENNIS AND ANOTHER

Citation

[2020] HKCFI 381
Court

Court of First Instance
Case number

HCA262/2019

The court held that by agreeing the cessation date and signing the cessation notice the partners incurred clear obligations under Law Society directions to cooperate in winding up (transfer of client funds, relocation/storage of files, provision of accounting and HR records and surrender of premises). Lam and Lee were insufficiently proactive and unreasonably obstructive; Cheung and Chiu were justified to commence proceedings and seek interlocutory relief, and accordingly costs of the action (including the summons and its hearing) were awarded to Cheung and Chiu, taxed if not agreed with cert…
30 Sept 2013

CHUNG & KWAN, SOLICITORS (a firm) v. TSO MAN TSUN GORDON

Citation

CHUNG & KWAN, SOLICITORS (a firm) v. TSO MAN TSUN GORDON
Court

District Court
Case number

DCCJ970/2012

The court found the retainer covered the entire defamation action so the limitation period began to run only at a natural break (either after the conference with counsel in August 2006 when the matter was shelved, or upon the Resident's death in 2008) and the claim issued in March 2012 was within six years; alternatively part payment of HK$30,000 (last paid 7 Feb 2007) restarted limitation under s.23 LO; factually the HK$30,000 were costs on account not a full and final settlement and the HK$7,000 transfer was authorized; no special circumstances were shown to order taxation, so judgment for…

Hong Kong Case Law

CHEUNG TAK MAN DESMOND AND ANOTHER v. LAM SIU SUN DENNIS AND ANOTHER

CHUNG & KWAN, SOLICITORS (a firm) v. TSO MAN TSUN GORDON