MOK HING CHUNG v. WONG KWONG YIU

MOK HING CHUNG v. WONG KWONG YIU

Given overlapping proceedings, differing success on discrete issues (WKY succeeded on the Adoption Issue; MHC succeeded on the Resulting Trust and Will Validity Issues), the court exercised discretion to vary the nisi orders to achieve overall justice: HCAP 8/2010 costs to follow the event (paid by WKY) and HCAP 10/2012 costs largely to follow the event subject to apportionment so that 75% of WKY's costs in HCAP 10/2012 are payable by MHC, with taxation if not agreed and MHC's costs assessed under legal aid regulations.

Citation
MOK HING CHUNG v. WONG KWONG YIU
Parties
Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012: Mok Hing Chung (莫慶聰); Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012: Wong Kwong Yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2015
Case Number
HCAP8/2010
Procedural Posture
Probate Actions (hcap 8/2010 and HCAP 10/2012) / Costs Ruling on Variation of Costs Orders Nisi Following Judgment
Outcome
Costs orders nisi varied: HCAP 8/2010 costs to follow the event and be paid by Wong Kwong Yiu; HCAP 10/2012 costs largely to follow the event with 75% of Wong Kwong Yiu's costs payable by Mok Hing Chung; costs to be taxed if not agreed; Mok Hing Chung's costs to be taxed in accordance with legal aid regulations.
Legal Topics
Adoption (status for Succession), Validity of Will, Resulting Trust, Costs Allocation and Taxation, Expert Evidence
Source Language
EN
Probate Law Trusts Wills and Succession Civil Procedure Costs Adoption (status for Succession) Validity of Will Resulting Trust Costs Allocation and Taxation +1 more

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Parties

Mok Hing Chung (莫慶聰)

Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012

Wong Kwong Yiu

Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012

Procedural Posture

Probate Actions (hcap 8/2010 and HCAP 10/2012) / Costs Ruling on Variation of Costs Orders Nisi Following Judgment

Legal Issues

  1. 1 Whether defendant Wong Kwong Yiu was an adopted child of Wong Yin Ling within statute (Adoption Issue)
  2. 2 Whether the will of Wong Yin Sheung was valid (Will Validity Issue)
  3. 3 Whether a resulting trust was established in favour of Wong Kwong Yiu (Resulting Trust Issue)

Ratio Decidendi

Given overlapping proceedings, differing success on discrete issues (WKY succeeded on the Adoption Issue; MHC succeeded on the Resulting Trust and Will Validity Issues), the court exercised discretion to vary the nisi orders to achieve overall justice: HCAP 8/2010 costs to follow the event (paid by WKY) and HCAP 10/2012 costs largely to follow the event subject to apportionment so that 75% of WKY's costs in HCAP 10/2012 are payable by MHC, with taxation if not agreed and MHC's costs assessed under legal aid regulations.

Court Disposition

Costs orders nisi varied: HCAP 8/2010 costs to follow the event and be paid by Wong Kwong Yiu; HCAP 10/2012 costs largely to follow the event with 75% of Wong Kwong Yiu's costs payable by Mok Hing Chung; costs to be taxed if not agreed; Mok Hing Chung's costs to be taxed in accordance with legal aid regulations.

Orders

  • HCAP 8/2010: costs to follow the event and to be paid by Wong Kwong Yiu, to be taxed if not agreed.
  • HCAP 10/2012: Mok Hing Chung to pay 75% of Wong Kwong Yiu's costs, to be taxed if not agreed.