Gc v. Srhw
Read the full judgment text of FCMC 2105/2015 on BabelCite. This Family Court judgment was delivered on 2 November 2018 before Deputy Judge K. K. PANG.
Matrimonial Causes – Single Joint Expert – Valuation – District Court – Ancillary Relief – Parties unable to agree on valuation or SJE appointment – Suitability of proposed SJE – Mr. Lau not suitable due to client identification in fee proposal – Mr. Tsang appointed – Report filed by 28 Nov 2018 – Costs in cause
Legal issues: Appointment of Single Joint Expert
Outcome: Mr. Thomas Tsang appointed SJE; Costs in cause
Cited by 1 case
|
FCMC 2105/2015 [2018]HKFC192 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MATRIMONIAL CAUSES NUMBER 2105 OF 2015 ----------------------------
---------------------------- Coram: Before Deputy Judge K. K. PANG (disposal on the papers) Date of Petitioner Wife’s Submissions: 29 October 2018 Date of Respondent Husband’s Submissions: 30 October 2018 Date of Handing Down of this Ruling: 2 November 2018 ------------------------------ RULING ------------------------------ 1.By the Order dated 8 May 2018, it is directed that valuation of the former matrimonial home (“Nam Wai property”) to be agreed on or before 22 May 2018, failing which a single joint expert (“SJE”) be agreed and appointed by all parties to prepare a valuation report on the said property. The parties have been unable to reach agreement on the valuation. Unfortunately, neither could they have been agreed on the appointment of the single joint expert. By the Order dated 23 October 2018, it is further directed that each partiy do lodge a letter with the court on or before 30 October 2018 giving one suggestion of SJE, together with his/her C.V., estimated time for the preparation of the valuation report and estimated costs, whereby the court will give further directions on the choice of SJE pursuant to Order 38 r.4A(2). Both parties wrote to the court before 30 October 2018 pursuant to the Order dated 23 October 2018. The petitioner wife suggested Mr. Thomas Tsang, and the respondent husband suggested Mr. Lucas Lau of Vigers. Upon persual of Mr. Tsang and Mr. Lau’s C.V., I am totally satisfied that both of them are very experienced quantitative surveyors and well qualified to prepare the report in issue. Both of them have indicated that they need about 14 days for the report. Mr. Tsang’s fees will be HK$18,000, and Mr. Lau’s fee quote is HK$12,000 i.e. only 2/3 of Mr. Tsang’s. However, I take notice that, in page 2 of Vigers’ fee proposal, Messrs. Boase, Cohen and Collins (the “Client”) and her client only were mentioned for identification of the client and any other intended users. Obviously, it is not recognised by Mr. Lau that the petitioner wife and the repondent husband and their legal representatives all are the clients for the appointment of SJE and the valuation report. In the circumstance, I consider that Mr. Lau is not suitable to be appointed as the SJE. 2.IT IS therefore ORDERED that:
Tanner De Witt, Solicitors for the Petitioner Boase Cohen & Collins, Solicitors for the Respondent | ||||||||||||||||
Other judgments that cite this case
Further hearings and rulings under FCMC 2105/2015