Ma Po Chim, Percy v. Gock Ping, James and Others

HCMP 3253/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3253 OF 2004

____________

____________

BETWEEN     

____________

Before: Hon Reyes J in Chambers

Date of Hearing: 31 March 2008

Date of Decision: 31 March 2008

_____________

D E C I S I O N

_____________

1.I think that there should be an interim payment in relation to Bill Nos.9, 10 and 11.

2.Bill No.10 relates to Horwath’s costs of engaging solicitors (Kennedys) to carry out its Court-appointed duties.  In my view, especially in light of the fractious attitude of the members of the Association, it was not only reasonable incidental but also eminently reasonable for the carrying out of Horwath’s duties that it appoint solicitors.  In carrying its work for the Court, Horwath should not have to suffer under an incurred liability to Kennedys as its agents for any substantial period. I am satisfied that Horwath would obtain a significant sum in respect of Kennedys’ fees under Bill No.10.

3.Bill Nos.9 and 11 relate to legal fees awarded to Horwath in connection with various Court applications.  Normally, the Court does not order interim payments of untaxed bills.  But this is not an ordinary case.  Again, as an aspect of carrying out what the Court had directed it to do, Horwath had little option but to engage solicitors and defend against various applications brought by the members of the Association.  I am satisfied that Horwath will obtain a significant sum in respect of these 2 Bills.

4.Mr. Percy Ma makes various vague allegations against Horwaths and Kennedys in an affirmation resisting this application.  I am unable to give such allegations any weight.  Indeed, I am unable to see how such allegations logically affect the present application.  For instance, there is a complaint about the handling of ballot counting by Horwath and Kennedy.  That seems to relate to a single item in Bill No.10 for which some $22,000 is being charged.  That is miniscule in comparison to the total amount being claimed under the 3 Bills.

5.It is suggested that any interim payment should simply be lodged in Court.  This is because it is contended that Horwath will not be able to pay back if only a lesser sum is found to be owing.  In my view, there is no reason to believe that Horwath will somehow be incapable of making restitution in the remote event that I allow a greater interim sum than is ultimately found due following taxation.

6.Accordingly, there will be an order that there be interim payment.  I shall now hear counsel on the details of such an order.

Mr Kenneth C L Chan and Mr Dickson T S Fong, instructed by Messrs Peter Mo & Co., for the 3^rd Respondent

Ms Sara Tong, instructed by Messrs Kennedys for Horwath Corporate Advisory Services Ltd.