Wasted Costs Order Against Irresponsible KB Chau & Co Solicitors Personally [1995] 2 HKLR 567 - Litton V-P, Bokhary and Godfrey JJA of the Hong Kong Court of Appeal - 不負責任嘅周啟邦律師事務所俾香港法庭罰訟費
Wasted Costs Order Against Irresponsible KB Chau & Co Solicitors Personally [1995] 2 HKLR 567 - Litton V-P, Bokhary and Godfrey JJA of the Hong Kong Court of Appeal - 不負責任嘅周啟邦律師事務所俾香港法庭罰訟費
... The appellants were solicitors on the record in High Court Action No. A994 of 1995 acting for a company registered in the British Virgin Islands called Shanghai International Capital Ltd (the plaintiff). It was, as the judge described it, a $50 company, with virtually no assets. Mr. Joseph Keung Shu-Hoi, a partner in the appellant firm, was in charge of that piece of litigation. It was his conduct of the matter on behalf of the plaintiff particularly in relation to a Mareva injunction application which led to the order now under appeal.
... In our view, the judge was plainly right to conclude that the wasted costs arose through the solicitor's misconduct and default. Personal liability for those costs properly attached in this case.
... It is ordered that:
(1) Messrs K.B. Chau & Co. the solicitors for the plaintiff do personally indemnify the defendant against the defendant's costs of and incidental to its application by summons dated 9th February 1995 to discharge the injunction granted ex parte to the plaintiff by the order made on 28th January 1995, such costs to be taxed as between Messrs K.B. Chau and the defendant on a solicitor-and-own-client basis and paid forthwith.
(2) Messrs K.B. Chau & Co. do pay the defendant its costs of and incidental to the inquiry as to the incidence of the above-mentioned costs directed by the order of 15th February 1995 such costs to be taxed on an indemnity basis and paid forthwith.
(1) Messrs K.B. Chau & Co. the solicitors for the plaintiff do personally indemnify the defendant against the defendant's costs of and incidental to its application by summons dated 9th February 1995 to discharge the injunction granted ex parte to the plaintiff by the order made on 28th January 1995, such costs to be taxed as between Messrs K.B. Chau and the defendant on a solicitor-and-own-client basis and paid forthwith.
(2) Messrs K.B. Chau & Co. do pay the defendant its costs of and incidental to the inquiry as to the incidence of the above-mentioned costs directed by the order of 15th February 1995 such costs to be taxed on an indemnity basis and paid forthwith.
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