Ong & Ors v Ping

Ong & Ors v Ping

The court ordered the Defendant to provide disclosure and information regarding the proceeds of sale of the trust property and Madam Lim’s estate, exercising its supervisory jurisdiction over trusts and powers to assist in tracing trust assets. The court held that, although the Claimants’ separate representation was probably irregular, the Defendant had waived any objection, and the costs judge should assess costs on the basis that separate representation was not reasonably necessary after 20 November 2012, with only one set of costs recoverable for the period thereafter, subject to necessary work not being duplicated.

Parties
Claimant: Jane Rebecca Ong; Claimant: Alexander Ong; Claimant: Nicholas Ong; Claimant: Jordana Ong; Defendant: Ong Siauw Ping
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Civil (trusts/estates) / Post Judgment Applications (disclosure and Costs)
Outcome
Disclosure application granted in part; guidance on costs of separate representation issued
Legal Topics
Disclosure of Trust Assets, Costs of Multiple Representation, Beneficiary Rights, Trustee Duties
Trusts and Estates Civil Procedure Costs Disclosure of Trust Assets Costs of Multiple Representation Beneficiary Rights Trustee Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Jane Rebecca Ong

Claimant

Alexander Ong

Claimant

Nicholas Ong

Claimant

Jordana Ong

Claimant

Ong Siauw Ping

Defendant

Procedural Posture

Civil (trusts/estates) / Post Judgment Applications (disclosure and Costs)

Legal Issues

  1. 1 Whether the Defendant should provide further disclosure regarding the proceeds of sale of trust property and Madam Lim’s estate
  2. 2 Whether the Claimants are entitled to recover costs for instructing two firms of solicitors

Ratio Decidendi

The court ordered the Defendant to provide disclosure and information regarding the proceeds of sale of the trust property and Madam Lim’s estate, exercising its supervisory jurisdiction over trusts and powers to assist in tracing trust assets. The court held that, although the Claimants’ separate representation was probably irregular, the Defendant had waived any objection, and the costs judge should assess costs on the basis that separate representation was not reasonably necessary after 20 November 2012, with only one set of costs recoverable for the period thereafter, subject to necessary work not being duplicated.

Court Disposition

Disclosure application granted in part; guidance on costs of separate representation issued

Orders

  • Defendant to provide a list of all documents under his control relevant to the proceeds of sale of Sheldon Avenue and traceable assets
  • Defendant to serve a witness statement identifying steps taken to search for such documents and the results