DCCJ 2733/2021

[2025] HKDC 1001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 2733 OF 2021

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JUDGMENT

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Ps’ claim

1. This is the 1 ^st and 2 ^nd Plaintiffs’ (“Ps”) claim for the outstanding legal fees of HK$2,196,478.52, and taxation fee of HK$48,100.00, totaling HK$2,244,578.52 owed by the 1 ^st Defendant (“D1”) to the firm Li, Wong, Lam & W I Cheung (“LWLWIC”) (now ceased practice).

The parties

2. The former partners of LWLWIC include the 1 ^st Plaintiff (“P1”), the 2 ^nd Plaintiff (from 1 September 2016 to 15 February 2019) (“P2”), the 3 ^rd Defendant (“D3”) and the 4 ^th Defendant (“D4”).

3. D1 were the joint and several trustees in bankruptcy of the estate (“the Estate”) of Ho Yuk Wah, David (“the Bankrupt”) from 2 August 2011 until D1 resigned on 9 January 2020. D1 retained LWLWIC for the provision of legal services relating to the investigation and proceedings for recovery of assets of the Estate. D3 was the handling partner of the case.

4. The claim against the 2 ^nd Defendant was discontinued by consent on 19 November 2021.

The dispute

5. LWLWIC issued a Revised Bill dated 6 December 2016 (“the Revised Bill”) to D1 for a sum of HK$5,634,080.06. D1, D3, and D4 (“Ds”) say that the Revised Bill was and is not due and payable because there was an arrangement (“Agreed Fee Arrangement”) made by D3, the creditors of the Bankrupt and D1, whereby any bills issued by LWLWIC would only be due and payable upon conclusion of recovery/litigation actions for the Estate. The recovery/litigation actions are ongoing and, hence, Ps are not entitled to demand the outstanding sum from the Revised Bill. Ps say that the Revised Bill was immediately due and payable and that they are entitled to be paid the remaining sum of HK$2,244,578.52 fr