WIH v WII: Appeal Against Taxation of Solicitors' Bills of Costs in Divorce Proceedings
In WIH v WII, the appellant law firm appealed against the District Judge's decision to allow the respondent, WII, to have his solicitors' bills of costs taxed. The respondent had signed a contentious business agreement with the appellant in relation to divorce proceedings. The High Court (Family Division) dismissed the appeal, finding that the Letter of Engagement was ambiguous and did not preclude taxation of the invoices. The court held that the respondent was entitled to have the bills taxed.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Appeal dismissed
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding taxation of solicitors' bills in divorce. The court dismissed the appeal, allowing taxation due to ambiguity in the engagement letter.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WIH | Appellant | Individual | Appeal dismissed | Lost | Adrian Tan, David Aw, Lau Kah Hee |
| WII | Respondent | Individual | Application allowed | Won | Cheng Hiu Lam Larisa |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Adrian Tan | TSMP Law Corporation |
| David Aw | TSMP Law Corporation |
| Lau Kah Hee | Derrick Wong & Lim BC LLP |
| Cheng Hiu Lam Larisa | Drew & Napier LLC |
4. Facts
- Respondent signed a 'contentious business agreement' with his solicitors.
- Respondent applied for taxation of the solicitors’ bills of costs.
- The District Judge allowed the application for taxation.
- The solicitors appealed against the District Judge’s decision.
- The Letter of Engagement was dated 30 April 2018 but first given to the respondent on 9 November 2017.
- The Letter of Engagement stated a deposit of $30,000, but the respondent paid $40,000.
- The agreement specified the rate as $650 an hour.
5. Formal Citations
- WIH v WII, HCF/RAS No 37 of 2019, [2020] SGHCF 1
6. Timeline
| Date | Event |
|---|---|
| Respondent introduced to Lau. | |
| Respondent sent divorce documents to Lau. | |
| Respondent sent divorce documents to Lau. | |
| Respondent met with Lau. | |
| Lau emailed Letter of Engagement and Warrant to Act to respondent. | |
| Respondent wrote to Lau regarding Letter of Engagement and consultation payment. | |
| Respondent contacted Lau occasionally. | |
| Respondent contacted Lau occasionally. | |
| Respondent told Lau he wanted to engage the appellant law firm. | |
| Respondent met Lau and paid a $40,000 deposit. | |
| Respondent requested Lau to draw up a consent order. | |
| Respondent informed Lau of mediation on 3 May 2018. | |
| Respondent claims he engaged Lau and sent the signed Letter of Engagement and Warrant to Act. | |
| Lau requested adjournment of MSS 1496 hearing. | |
| Respondent met Lau who advised contesting MSS 1496. | |
| Mediation regarding Maintenance Summons No 1496 of 2018. | |
| Hearing for MSS 1496 adjourned. | |
| Lau sent respondent an invoice for $45,000. | |
| Respondent discharged Lau. | |
| Lau sent final invoice of $8,125. | |
| Appellant law firm sent cheque to HWL Practice LLC. | |
| District Judge allowed respondent's application for taxation of solicitors’ bills of costs. | |
| Hearing date. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Taxation of Solicitors' Bills
- Outcome: The court held that the respondent was entitled to have the bills taxed due to ambiguity in the Letter of Engagement.
- Category: Procedural
- Sub-Issues:
- Entitlement to taxation despite contentious business agreement
- Ambiguity of Letter of Engagement
- Scope of Contentious Business Agreement
- Outcome: The court found that the agreement was limited to divorce proceedings and did not clearly cover the separate maintenance summons.
- Category: Substantive
- Sub-Issues:
- Whether agreement covers separate maintenance summons
- Interpretation of 'divorce proceedings'
8. Remedies Sought
- Taxation of Solicitors' Bills
9. Cause of Actions
- Application for Taxation of Costs
10. Practice Areas
- Divorce
- Family Law
- Taxation of Costs
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) s 111(1) | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) s 112(4) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 69(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Contentious business agreement
- Taxation of costs
- Letter of Engagement
- Divorce proceedings
- Maintenance summons
- Legal Profession Act
- Solicitors' bills
- Fee estimate
15.2 Keywords
- Taxation
- Solicitors
- Bills of costs
- Divorce
- Contentious business agreement
- Legal fees
16. Subjects
- Legal Fees
- Family Law
- Contract Law
17. Areas of Law
- Family Law
- Legal Profession
- Contract Law