Useless Barrister Wendy Lau of Foundation Chambers and Useless Solicitors Bill Tong & Co Ordered to Personally Pay Costs in [2022] HKCFI 188

Useless Barrister Wendy Lau of Foundation Chambers and Useless Solicitors Bill Tong & Co Ordered to Personally Pay Costs in [2022] HKCFI 188



FRANCES FONG (方寶儀) v INCORPORATED OWNERS OF HAMBURG VILLA (涵碧別墅業主立案法團)

Before:  Hon Au-Yeung J in Chambers
Date of Hearing:  24 December 2021
Date of Decision:  24 December 2021 

_____________ D E C I S I O N _____________ 

1.  This ex-parte application to the duty judge for an injunction to restrain the Defendant from causing water seepage to the Plaintiff’s property is an entire abuse of the process of the duty judge system. 

2.  Firstly, there was no urgency and no secrecy. There has been litigation between the parties for seven years over the issue of water leakage in the Lands Tribunal. The Plaintiff has come to the wrong forum because the Lands Tribunal also has the power to grant injunction, and any application regarding injunction ought to have been made there. 

3.  Further, the Defendant has admitted liability and that was in 2016. So if there had been any urgent need for an injunction, it has been long past. The Plaintiff ought to have proceeded expeditiously to set the case down for trial in the Lands Tribunal. 

4.  Further, I have read the written submission of counsel, the submission discloses nothing about the basis for issuing a mandatory injunction. The test and the application for granting such kind of injunction has not been expounded in the written submission. 

5.  In the circumstances, I dismiss this wholly unmeritorious application. 

6.  Ms Lau, on behalf of herself and her solicitors, has agreed that the lawyers would bear the wasted costs of this application. I therefore dismiss the application and order counsel and solicitors to personally bear the cost wasted by this application. Any costs which they have received from the client already in respect of today’s application ought to be repaid to the client. 

7.  A copy of today’s order ought to be sent to the client and the effect of the order explained in writing by the Plaintiff’s solicitors (without charge) to the client, copied to this Court.

(Queeny Au-Yeung)
Judge of the Court of First Instance High Court

Ms Lau Chui-ling Wendy, instructed by Bill Tong & Co, for the Plaintiff

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