Tang Lik Yuen v. Joseph Leung & Associates (A Firm)

[English Translation — 英譯本]
HCMP 2046/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2046 OF 2009

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BETWEEN

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Coram: Madam Registrar Queeny Au-Yeung in Chambers

Date of Hearing: 27 October 2009

Date of Decision: 30 October 2009

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Decision

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1.This hearing involves the right of audience of a law costs draftsman.

2.This is an application for taxation of a bill issued by a firm of solicitors to a client, and is made under section 67 of the Legal Practitioners Ordinance, Cap.159, Laws of Hong Kong and Order 106 Rule 2 of the Rules of the High Court.  As a matter of procedure, it is commenced by way of originating summons.  The applicant is required to file and serve an affidavit in support of the application.  At the hearing, the court, depending on the circumstances, may:

(1)     direct the defendant to file an affidavit in opposition to the application or other affidavits, and first deal with the issue of whether the client is liable to pay the costs (liability issue);

(2)     on the premise that a decision has been made as to the liability issue or there is no dispute over liability, determine the amount forthwith or order that the bill shall be taxed;

(3)     change a contested application from originating summons procedure to writ procedure.

3.Under paragraph 3(6) of Practice Direction 14.2, this kind of application shall be placed before a master.  Only after a master has ordered that the bill be taxed can a law costs draftsman has right of audience in taxation proceedings: see paragraph 3 of Practice Direction 14.1.  The matters referred to in paragraph 2 above must be dealt with personally by a solicitor or the parties concerned.

4.The plaintiff of this case filed an affidavit in support in which he accused the defendant of negligence and alleged that they instructed a barrister without his consent.  These fall within the liability issue mentioned above.  I therefore declined to allow Mr. Wong [transliteration,王] the law costs draftsman to represent the defendant and I adjourned the case for a solicitor from the defendant to appear.

5.As a matter of fact, after the solicitor appeared, I learnt from the preliminary submissions of the parties that there are indeed disputes over liability.  I therefore made the following directions:

(1)     The plaintiff shall file and serve a further affidavit on or before 17 November 2009, in which he shall specify the conduct which he describes as negligent so that a master can give further directions;

(2)     The defendant shall file and serve an affidavit in opposition on or before 8 December 2009;

(3)     The plaintiff shall file and serve an affidavit in reply on or before 29 December 2009;

(4)     No party shall serve or file further affidavits without leave of the court;

(5)     The hearing be adjourned to 9:30 a.m. on 5 January 2010; and

(6)     Costs be reserved.

The Plaintiff Mr. Tang Lik Yuen, acting in person, present

Mr. Joseph Leung of Joseph Leung & Associates, for the Defendant

Translated by the Judgment Translation Unit of the Judiciary and approved by Mr. P. Y. Lo, Barrister-at-law.