WU KAI WAI AND OTHERS v. Occupants of Lot No.316 in D.D. 128, Yuen Long, New Territories AND ANOTHER

WU KAI WAI AND OTHERS v. Occupants of Lot No.316 in D.D. 128, Yuen Long, New Territories AND ANOTHER

Having considered the parties' conduct and the extent of success, the court varied the order nisi and ordered the 2nd defendant to pay 60% of the costs of the 1st to 6th plaintiffs of the action, with certificate for counsel, to be taxed if not agreed; and ordered the 2nd defendant to pay the costs of and occasioned by the application.

Citation
[2022] HKDC 253
Parties
1st Plaintiff: WU KAI WAI; 2nd Plaintiff: WU KAI HIN; 3rd Plaintiff: WU LIN HOR; 4th Plaintiff: WU LIN SAN; 5th Plaintiff: WU FOO TAI; 6th Plaintiff: WU KWONG SAN, ADMINISTRATOR OF THE ESTATE OF WU SIU HING ALSO KNOWN AS WU SHIU HING, DECEASED; 1st Defendant: Occupants of Lot No.316 in D.D. 128, Yuen Long, New Territories; 2nd Defendant: LUI CHUN SHING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 April 2022
Case Number
DCCJ3740/2017
Procedural Posture
Adverse Possession Claim / Application to Vary Costs Order Nisi (paper Disposal)
Outcome
Order nisi varied and made absolute in part: 2nd defendant ordered to pay a proportion of plaintiffs' costs; application costs to be paid by 2nd defendant.
Legal Topics
Adverse Possession, Costs Order, Variation of Order Nisi, Oral Tenancy, Vacant Possession
Source Language
EN
Property Civil Procedure Costs Adverse Possession Costs Order Variation of Order Nisi Oral Tenancy Vacant Possession

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Parties

WU KAI WAI

1st Plaintiff

WU KAI HIN

2nd Plaintiff

WU LIN HOR

3rd Plaintiff

WU LIN SAN

4th Plaintiff

WU FOO TAI

5th Plaintiff

WU KWONG SAN, ADMINISTRATOR OF THE ESTATE OF WU SIU HING ALSO KNOWN AS WU SHIU HING, DECEASED

6th Plaintiff

Occupants of Lot No.316 in D.D. 128, Yuen Long, New Territories

1st Defendant

LUI CHUN SHING

2nd Defendant

Procedural Posture

Adverse Possession Claim / Application to Vary Costs Order Nisi (paper Disposal)

Legal Issues

  1. 1 Whether to vary the order nisi on costs
  2. 2 Allocation of costs between parties in light of success on the substantive claim
  3. 3 Whether parties' conduct justifies departure from the usual rule that costs follow the event

Ratio Decidendi

Having considered the parties' conduct and the extent of success, the court varied the order nisi and ordered the 2nd defendant to pay 60% of the costs of the 1st to 6th plaintiffs of the action, with certificate for counsel, to be taxed if not agreed; and ordered the 2nd defendant to pay the costs of and occasioned by the application.

Court Disposition

Order nisi varied and made absolute in part: 2nd defendant ordered to pay a proportion of plaintiffs' costs; application costs to be paid by 2nd defendant.

Orders

  • 2nd defendant to pay 60% of the costs of the 1st to 6th plaintiffs of the action, with certificate for counsel, to be taxed if not agreed.
  • Costs of and occasioned by this application to be paid by the 2nd defendant to the 1st to 6th plaintiffs.