Ong & Ors v Ping [2015] EWHC 3258 (Ch) (11 November 2015)

Ong & Ors v Ping [2015] EWHC 3258 (Ch) (11 November 2015)

Separate legal representation for Jane and the children was not reasonably necessary after 20 November 2012; costs assessment should reflect that only one set of solicitors' costs is recoverable for the period thereafter, with the costs judge to determine the appropriate apportionment. Defendant is ordered to...

Source-derived case information.

Citation
[2015] EWHC 3258 (Ch)
Parties
First Claimant: Jane Rebecca Ong; Second Claimant: Alexander Ong; Third Claimant: Nicholas Ong; Fourth Claimant: Jordana Ong; Defendant: Ong Siauw Ping
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Chancery Division Civil Action / Post Trial, Consequential Matters, Costs and Disclosure Orders
Outcome
Orders for disclosure granted; costs assessment directions given; further submissions invited on ancillary matters.
Legal Topics
Disclosure, Separate Legal Representation, Costs Assessment, Trust Beneficiary Rights
Trusts Civil Procedure Costs Disclosure Separate Legal Representation Costs Assessment Trust Beneficiary Rights

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Parties

Jane Rebecca Ong

First Claimant

Alexander Ong

Second Claimant

Nicholas Ong

Third Claimant

Jordana Ong

Fourth Claimant

Ong Siauw Ping

Defendant

Procedural Posture

Chancery Division Civil Action / Post Trial, Consequential Matters, Costs and Disclosure Orders

Legal Issues

  1. 1 Whether Defendant must provide disclosure regarding proceeds of sale and estate assets
  2. 2 Whether Claimants are entitled to recover costs for two firms of solicitors
  3. 3 Appropriateness of separate legal representation for co-claimants

Ratio Decidendi

Separate legal representation for Jane and the children was not reasonably necessary after 20 November 2012; costs assessment should reflect that only one set of solicitors' costs is recoverable for the period thereafter, with the costs judge to determine the appropriate apportionment. Defendant is ordered to provide disclosure regarding the proceeds of sale and estate assets under his control, as justified by trust beneficiary rights and tracing principles.

Court Disposition

Orders for disclosure granted; costs assessment directions given; further submissions invited on ancillary matters.

Orders

  • Defendant to disclose all documents under his control relevant to tracing proceeds of Sheldon Avenue sale.
  • Defendant to serve witness statement detailing steps taken to search for relevant documents and results.