Be in the cause of

Question

What does it mean by "in the cause of":"Costs of this application be in the cause of taxation."BTW, the taxation in Hong Kong means the money asked by a lawyer.Thanks in advance.Armstrong

Avangi · Accepted Answer

If this appears on some sort of legal form, the wording was probably devised a century ago. I'd say an equivalent expression might be "by way of."

Avangi · Answer

Edit. or, "a means of."

Armsys · Answer

Hi Avangi,
Thanks for your help. Indeed, your interpretation does make some sense.
It was extracted from paragraph 12 of a judge's decision:

12. On 28 September 2007, under s. 67(1) of the Legal Practitioners Ordinance (Cap 157) ("LPO"), the Plaintiff took out these proceedings by way of Originating Summons asking for an order to refer six invoices[2] of the Defendant to the Taxing Master for taxation. The precise reliefs sought in the OS were as follows:
"(1) the six invoices nos. 2873, 2932, 2969(revised), 3055, 3063 and 3282 delivered by the Defendant to the Plaintiff be referred to the Taxing Master to be taxed and that that the Defendant do refund what may appear on such <<taxation>> to have been overpaid;
(2) Costs of the <<taxation to be paid according to the event of the taxation>> pursuant to the [LPO];
(3) Costs of this application be in the cause of taxation."

Thanks again.
Armstrong

Avangi · Answer

That might put a slightly different twist on it.

"The precise reliefs sought were as follows: - - - [that] the costs of this application [should] be in the cause of taxation."

The reference to "the Taxing Master" seems to suggest a second meaning of "taxation" beyond "monies paid to attorneys." ( I can't see your phrase from here - I recall that it was more elegant.)

Do you take it that the lawyer's client was suing the lawer for overcharging?

Armsys · Answer

I'm amazed by your immense linguistic analysis.

> Do you take it that the lawyer's client was suing the lawer for overcharging?
You're right. It was a case of CATHAY PACIFIC AIRWAYS FLIGHT ATTENDANTS UNION
vs CHEUNG & CHOY. Cheung & Chow was the solicitors firm engagged previously by Cathay Pacific Airways Flight Attendants Union. The attendants union sued their former solicitor for overcharged taxation.

> The reference to "the Taxing Master" seems to suggest a second meaning of "taxation" beyond "monies paid to attorneys.
"Taxation" in Hong Kong means a bill of costs lodged by the winning solicitor(s). It's usually produced by a law costs draftsman. My actual litigation experiences match the taxation's meaning per my description in the context of Hong Kong judicial system. I haven't yet met alternative meanings of taxation beyond the money paid to the winning solicitor(s). If you do, please let me know. I could be wrong.

The "Taxing Master" is actually a judge who rules on the taxation.

>[that] the costs of this application [should] be in the cause of taxation."

Avangi, does it still mean for per your previous interpretation:
[that] the costs of this application [should] be by means of taxation.

Grateful for your thorough review.

Armstrong

Avangi · Answer

Armsys The precise reliefs sought in the OS were as follows:
"(1) the six invoices nos. 2873, 2932, 2969(revised), 3055, 3063 and 3282 delivered by the Defendant to the Plaintiff be referred to the Taxing Master to be taxed and that that the Defendant do refund what may appear on such <<taxation>> to have been overpaid;
(2) Costs of the <<taxation to be paid according to the event of the taxation>> pursuant to the [LPO];
(3) Costs of this application be in the cause of taxation." Sorry, Armsys, I've been hoping for an inspiration on this, or to catch it during an especially lucid moment. These three items are about all I have to bring to bear on the matter.

I'm comfortable enough with the first one, but I'm still hoping to squeeze something out of the second.

In the US, "costs" typically refers to "court costs," or the money asked by the court from the litigants for its services.

"Pursuant to the Legal Practitioners Ordinance" is clear as a bell.

Why is the middle portion of (2) in (<< >>) brackets?? "Costs of the taxation" makes no sense. I could understand "Amount of the taxation etc."

"The event of the taxation" seems ambiguous. Do you suppose it means "the type of work which the lawyer was asked to perform (possibly, as set forth in a list of categories in the LPO)?? But it could also possibly mean, the occasion of the lawyer submitting his bill to the plaintiff.

It seems like (2) should be something like "the plaintiff seeks that the court set the amount of taxation according to the schedule established by the LPO (pursuant to the LPO).

I realize your question is limited to (3), but this other stuff may have a bearing on it.

To me, "costs of this application" clearly refers to the court costs.

" . . the plaintiff took out these proceedings by way of OS . . " The OS is "this application."

So (3) has to do with who's paying the court costs, and how that money is to be collected.

At least, that's the way it seems to me it should be, and that's the way I originally took it.

I think (3) is requesting the court to rule that the lawyers must pay the court costs.

Possibly, "Costs of this application be in the nature of taxation."

(Costs of this applcation be in the nature of money asked of the lawyers.)

Are you comfortable with (familiar with) the expression "in the nature of"?? I think in this case it's still about the equivalent of "by way of."

Avangi · Answer

Edit. At the moment, I'm leaning away from "by means of."

To use this, I think you'd have to say, "[that] Costs of this application be paid by means of taxation," which would be way out of style.

I'm still not sure.

Armsys · Answer

Avangi,
I'm terribly sorry for tormenting you with the question. Please allow me to add clarity.
Taxation in Hong Kong is actually a formal hearing (trial) before a senior judge. The sole purpose of the hearing is to decide the fairness of the legal costs demanded by the solicitor(s) of the winning party.

"<< >>" is my search placeholders. It has nothing to do with the context. Sorry for causing confusion.
OS means the Originating Summons.
"Be in the cause of taxation" is extracted from Case HCMP 1863 / 2007 decision.

Having said that, I'm still having unremitting trouble to comprehend the meaning of "be in the cause of taxation."

On the other hand, I peruse at ease the decisions handed down by the US courts as far as the English language is concerned.

Thank you so much for your generous help and, above all, your immense patience, which is a rare virtue nowadays.

Armstrong

Avangi · Answer

I suspect Darwin would have enjoyed studing the evolution of English in Hong Kong.<img class='emoticon' style='Width:19px;Height:19px;' data-delaysrc='https://uat-englishforward-forums-backend.s3.us-west-2.amazonaws.com/Emoticons/1.gif' src='https://uat-englishforward-forums-backend.s3.us-west-2.amazonaws.com/Emoticons/1.gif' alt='Emotion: smile'/>

Armsys · Answer

Avangi,
The full text of the decision can be read from http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=64149&currpage=T.
Armstrong

Be in the cause of

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