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THE HONG KONG DAILY PRESS, WEDNESDAY, APRIL 2, 1930.
SOLICITOR AND HIS COSTS.
•
LETTER OF EXPLANATION FROM 'MR. J. M. D'ALMADA REMEDIOS.
11
THE QUESTION OF "COUNSEL'S FEES.
ΣΤΟ ΤΗΣ ΕΡΙΤΟΣ ΟΝ ΤΗΣ *HONG DONG
DAILY PRESS."
SIR-No one could rend, the re- port of the public examination ofĮ Treung Fu Kwong before the Bank- ruptcy Jurisdiction of the Supreme Court, which report appeared in your issue of the 12th inst., with- out coming to the conclusion that, if the debtor's statements to the Court were correct, my elient Mr. Led D'Almada, Solicitor, should be considered as:-e
(a) Having refused or neglected to supply his clients the part- ners of the King Edward Hotel with accounts of all re- ceipts and payments made by him from time to time, or -(b) Having refused or neglected to furnish bis clients with a bill of costs, (e) Having improperly paid a junior counsel a fet of $4,000,
and
SIR,
THE ENCLOSURES.
[ENCLOSURE NO. 1.J
Official Receivar's Office,'
Courts of Justice, Hong Kong January 13, 1930.
Bankruptcies Nos. 1, 2 and 3 of 1030, re Tsung Fu Kwong and Tsoung Ping. Kwong earrying on business is Hotel- Proprietors with one Yue Shau Shan, under the style of The King Edward, Hotel.
I heg to give you notice that a creditors, petition against Taeung Fu Kwong was filed herein on the 10th instant, and that debtors' peti tions have been filed by the said Tseung Fu Kwong and Tseung Ping Kwong to-day.-I am, Sir, Your obedient servant,
With reference to all matters: connected with the abova Hotel,} which you attended to on our behalf and upon our instructions having, this day settled all ques- tions between you and us regard- ing all matters to our entire satis faction, we hereby release and discharge you from all "respon- aibility regarding any matters connected with the hotel and from to-day have no further in- structions from unless พช should specifically at any time give you further instructions.-To:- Yours faithfully,
118
(d) Ye Suv SHAN
(in English). (d) TaKUNG FU KWONG
(in English), (id.) TSEUNG PING Kwoso. (in Chinese).
On the 18th February last after a lengthy interview with the Official Receiver, Mr. Agassiz, on the pre- vious day, my client wrote a letter to the aid official" (enclosure No. 2), and I also send you herewith the Official Receiver's reply there- to of the 10th February (enclosure No. 3).
Correspondence With Oficial' Receiver.
E. L. ACAız. Ocial Receiver,
Leo d'Almada é Castro, Esq.,
Exchange Building, Hong Kong.
16
[ENCLOSURE No. 2.]
February 18, 1530.
DEAR SIR,
Re: Ticung Fu Kwong and Treung Ping Kwong (King Edward Hotel) in bankruptcy. With reference to my interview with you yesterday, I hereby repeat my undertaking to prepare a full | and complete bill of costs as be- tween solicitor and client in all matters attended to by me relating to the business of the King Edward Hotel as per instructions given to me by the above-named debtors and by one' Yu Shu Shan their part-
ክሮ.
(d) Overcharging his clients for
his professional services, These allegations are no doubt serious not only to Mr. D'Almada himself but to the profession to which he belongs, and having been appointed Mr. D'Almada's solicitor in so far na the said bankruptcy is concerned after certain correspon- dece and interviews which passed be tween him and the then Official Receiver, Mr. Agassiz, 1 feel that in justice to my client I. should ask you to publish this letter.
Since the date of the Bre which
As I fully explained to you, not- Decurred at the King Edward Hotel
withstanding the fact that on more on the 11th March, 1929, Mr.Proceedings brought against them) than one occasion I insisted that D'Almada was instructed by the were produced to the Official Remy bill should be taxed, all my three partners of the business to D'Almada was fully prepared to have the bill taxed and insisted ceiver, and that my client, Mr. three then clients flatly refused, to attend to all mattera connected with the fire, and all other mattera ap- Official Receiver might deem fit to which was subsequently arranged.
answer any question which the upon a figure to be agreed upon, pertaining to the Hotel or its part-put to him, and to supply him at
his possession. all times with any information in
The gist of these two letters con. sists of my client's emphatic de-able amount of time and expendi
As this will involve a consider- claration that an agreement had ture, I shall be glad to know de been come to between him and his finitely who is to bear and pay the clients regarding his costs, that costa ol, incidental and consequen- all receipts and vouchers in his tial to the preparation and en- possession (with the exception of grossment of the Bill of Costs and certain receipts taken away by the its consequent expense on taxa- partners themselves for production tion. to another solicitor who was acting for them in connection with certain
ners.
(enclosure No. 3) is an acknowledg
The reply of the Official Receiver meat, and he stated that he would communicate with my client again. if necessary, after obtaining the debtor's observations regarding the accounts.
From the beginning of September, 1920, when the partners first naked my client for an account of re- ceipts and payments up to date,
Under the circumstances, I think you will agree with me that the costs above-mentioned should be
debtors. paid out of the estate of the
Botelho that, with the exception of I understand, from my clerk. Mr. a few items, be has produced to you for your inspection all vouchers now in my possession and that you appear to be satisfied therewith, and that certain receipts from Counsel and cheque-book stubs are to be produced to you or to the
tion.
The first intimation my client received from the Official Receiver was dated the 13th January last. which communication consisted of a notice by the Official Receiver that Tseung Fu Kwong and Tsung Ping Kwong had respectively fled their petitions in bankruptcy on the 10th of January last (enclosure No. 1.).
About the middle of February last my client toid the Official Receiver that on the date of payment of the balance in my client's hands pay such accounts were produced and taxing master at the time of taxa- able to them, an incompleted rough bill of costs made up to 27th, Sep- explained to them, and they were tember, 1990, and totalling roughly About 815.000, had been produced and explained to the partners, and that, when the question of my client's costs were discussed, my client distinctly told them that the bill was incomplete and that he could not then make any payment to them unless he retained on their aecnunt the sum of $15,000 for his costs pending the taxation of his complete bill of costs before the Registrar.
..
perfectly satisfied with them and thereafter further accounts were at their request supplied to them at all times when requested.
W
'However, as I mentioned to you personally, I am fully prepared to answer all reasonable questions which you may desire to put to me, and to supply you "at all times with any information in my posses
I may add for your further in- Remedios will act for me in this formation that Mr. J. M ̧ ̧d'Almada matter to whom all future com- munications should be sent.
1 should also add that at the re- quest of the Official Receiver, asion or power. complete and detailed bill of costs as between solicitor and client was handed to him to enable him to obtain the necessary appointment before the Registrar for taxation and the Official Receiver knew, that I had been instructed to net for Mr. Leo D'Almada in the matter. 1 should also mention here that the above receipt and document ware produced to the Official Receiver and copies were made by him for his
A Mutual Agreement. This question of retention and taxation was Hatly and emphatically refused by all the partners who in- sisted that some mutual agreement file. should be come to between them Not having been informed by and Mr. D'Almada regarding his, the Official Receiver regarding the coate. After a very lengthy die taxation of the bill of costs or that cussion Mr. D'Almada agreed to be would require any information accept their offer of $11,000 in full from my client, and therefore not antisfaction, and, after deducting realizing that this matter would certain principal auma and interest arise at the public examination, I due to a mortgagce of the fire was not instructed and did not at- insurance policies and certain other tend the Supreme Court on Thurs sums payable by the partners of the day last. Hotel, my client paid them the; balance of $15,348.52 for which the following receipt was given:-
Hong Kong, 22nd November,
1029.
I undertake to have the bill ready by March 10 as promised.- Yours faithfully,
5. L. Agassiz, Eeg.,. Official Receiver.
LED D'ALMADA E CASTRO.
SIR,
[ENCLOSURE NO. 3.].
Official Receiver's Office, Courts of Justice, Hong Kong February 19, 1030.
Re Tseung Fu Kwong and. Tseung ing Kwong, Bank- rupteics Nos. 1 and 2 of 1930. I have to acknowledge the re- ceipt of your letter dated yester day, which, however, did not reach me till this morning a .30
Coming to the points at issue you will perceive that full accounts were supplied from time to time to the
I observe that you undertake to partnera as my client can conclu-deliver a bill of costs by March the tively prove and that a complete 10th, which is satisfactory. "Received from Lea' D'Almada agreement in respect of all matters e Castro, Esq., the sum of dollars connected with the Hotel was ar Afteen thousand three hundred rived at between Mr. D'Almada and and forty-eight and cents fifty his clients and that he was released two only being balance in his and discharged from all respon- hands payable to us in full settle-sibility. ment of all monies received by him on behalf in respect of our claims against the following In- surance Companies, viz.`:—
"(1) Globe and Rutgers, "(2) Royal Insurance.
Counsel's Fees,
titled to hare such a bill of costs,
Your clients are obviously en-. and still more so, their trustee in bankruptcy. The question as to who is to bear the costs of taxation can be decided hy the Registrar, when he taxes the bill. I am not prepared to give any undertaking with regard to the matter.
I am submitting your account to the debtors and when I have their observations thereon, I will com- municate with you again, if neces- sary."
Regarding Junior Counsel's fees of $4,000 the debtor misled the Court by telling his Lordship, ae- cording to your report, that Junior (3) Batavia Sea and Fire. Counsel had received as much fees "(4) Liverpool and London In-as Seuior Counsel without mention
surance Co...
ing to the Court that Junior Coun- I observe that Mr. J. M. Reme- "Dated the 22nd day of Novem-sel had not only attended the dios will act for you in future.- -ber, 1920.
arbitration which lasted 14 days but I am, Sir, Your obedient servant, had also attended at the fire en-
(ed.) YC SHU SHAN
(in English), quiry before the Coroner which (ad.) TSEʊxo. Eu Kwong
lasted nine or ten daya, There (in English). Were numerous conferences also with
Junior (sd.) TEZUNG PING KWONG
Counsel, preliminary to attendancés. on Senior Counsel, (in Chinese).
Contrary to what the debtor is re- This figure was arrived at after ported as having said, Mr. Hin a full disclosure of all the accounts Sing Lo was never instructed in relating to the King Edward Hotel and did not attend the arbitration. and after the partners thereof had fully satisfied. themselvear as to its
With regard to the debtor's statė. ment that Mr. D'Almada had paid out $30,000, this is incorrect as the Further to emphasise their satis-accounts which were furnished to faction with the work done by Mr. his clients showed a total receipt D'Almada and the accounts and bill of $67,000 odd and a total payment of costs the partners of the Hotel out of 857,000 edd, singed and handed to Mr. D'Almada the following document:
accuracy.
"Hong Kong, 2nd November,
1929
"Leo D'Almada é Castro. Esq.,: "Dear Bir-le King Edward Hotel.
Regretting the length of this cor- respondence, and thanking you for ita insertion, I am, Yours faith fully:
J. M. D'ALMADA REMEDIOS, Hong Kong, March 31.
To:-
E. L. AGASSIZ, Ocial Receiver,
Leo d'Almada e Castro, Esq.,
Exchange Building, . Hong Kong.
BURIAL OF ARCTIC AIRMAN.
(UNITED PRESS.
HATTON. IL, March 28. The body of Darl Ben Eielson, the aeris explorer and trade ad venturer of the Arctic was laid to day beside that of his mother while hundreds of their townsfolk and many high' dignitaries paid tribute."
The National Guard seat a dele gation, Aeroplanes Rew overhead during the funeral ceremony.
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