GC v. SRHW

FCMC 2105/2015

[2018]HKFC192

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 2105 OF 2015

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RULING
(Appointment of Single Joint Expert)

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1.  By the Order dated 8 May 2018, it is directed that valuation of the former matrimonial home (“Nam Wai property”) to be agreed on or before 22 May 2018, failing which a single joint expert (“SJE”) be agreed and appointed by all parties to prepare a valuation report on the said property.  The parties have been unable to reach agreement on the valuation.  Unfortunately, neither could they have been agreed on the appointment of the single joint expert.  By the Order dated 23 October 2018, it is further directed that each partiy do lodge a letter with the court on or before 30 October 2018 giving one suggestion of SJE, together with his/her C.V., estimated time for the preparation of the valuation report and estimated costs, whereby the court will give further directions on the choice of SJE pursuant to Order 38 r.4A(2).  Both parties wrote to the court before 30 October 2018 pursuant to the Order dated 23 October 2018.  The petitioner wife suggested Mr. Thomas Tsang, and the respondent husband suggested Mr. Lucas Lau of Vigers.  Upon persual of Mr. Tsang and Mr. Lau’s C.V., I am totally satisfied that both of them are very experienced quantitative surveyors and well qualified to prepare the report in issue.  Both of them have indicated that they need about 14 days for the report.  Mr. Tsang’s fees will be HK$18,000, and Mr. Lau’s fee quote is HK$12,000 i.e. only 2/3 of Mr. Tsang’s.  However, I take notice that, in page 2 of Vigers’ fee proposal, Messrs. Boase, Cohen and Collins (the “Client”) and her client only were mentioned for identification of the client and any other intended users.  Obviously, it is not recognised by Mr. Lau that the petitioner wife and the repondent husband and their legal representatives all are the clients for the appointment of SJE and the valuation report.  In the circumstance, I consider that Mr. Lau is not suitable to be appointed as the SJE.

2.  IT IS therefore ORDERED that:

(1) Mr. Thomas Tsang be appointed the SJE for the preparation of the valuation report of the Nam Wai Property;

(2) The report be filed with court on or before 28 November 2018; 

(3) The costs of the prepartion of the report be borne by parties in equal share initially and be in the cause of the ancillary relief proceedings eventually;

(4) The costs of this application be in the cause of the ancillary relief proceedings.