LOH SAI, THE ADMINISTRATRIX OF THE ESTATE OF WANG GEORGE ALSO KNOWN AS GEORGE WANG, DECEASED v. HIGH CHOICE ENTERPRISES LTD AND ANOTHER

LOH SAI, THE ADMINISTRATRIX OF THE ESTATE OF WANG GEORGE ALSO KNOWN AS GEORGE WANG, DECEASED v. HIGH CHOICE ENTERPRISES LTD AND ANOTHER

The Registrar exercised discretion: costs of the amendment application (including reserved costs and consequential amendments) are to be paid to Loh Sai and High Choice and taxed if not agreed; costs of the discovery application (including inspection) are to be costs in the cause because discovery was part of case management and High Choice had a duty to disclose pursuant to Order 24; Loh is awarded specified costs for preparation before Master Au‑Yeung; assessed hearing costs are allocated as quantified and payable within 21 days; counsel certificates for this hearing disallowed.

Citation
[2018] HKCFI 98
Parties
Plaintiff (original Action); 2nd Defendant (by Counterclaim): Loh Sai (Administratrix of the Estate of Wang George); 1st Defendant (original Action and by Counterclaim): High Choice Enterprises Limited; 2nd Defendant (original Action); Plaintiff (by Counterclaim): Chan Lai Lai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2018
Case Number
HCMP1775/2015
Procedural Posture
Charging Order / Interlocutory Applications for Amendment and Discovery / Hearing and Decision on Costs Following Interlocutory Directions (registrar's Costs Decision)
Outcome
Costs allocated as ordered: amendment costs to respondents; discovery costs in the cause; specified monetary awards to respondents; counsel certificates disallowed
Legal Topics
Amendment of Pleadings, Specific Discovery, Costs Orders, Charging Order, Proprietary Estoppel, Common Intention Constructive Trust
Source Language
EN
Civil Procedure Costs Disclosure/discovery Equity/proprietary Claims Land Law Amendment of Pleadings Specific Discovery Costs Orders +3 more

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Parties

Loh Sai (Administratrix of the Estate of Wang George)

Plaintiff (original Action); 2nd Defendant (by Counterclaim)

High Choice Enterprises Limited

1st Defendant (original Action and by Counterclaim)

Chan Lai Lai

2nd Defendant (original Action); Plaintiff (by Counterclaim)

Procedural Posture

Charging Order / Interlocutory Applications for Amendment and Discovery / Hearing and Decision on Costs Following Interlocutory Directions (registrar's Costs Decision)

Legal Issues

  1. 1 Whether applicant for amendment should pay costs or have costs in the cause
  2. 2 Whether costs of discovery application should be ordered against applicant or be costs in the cause
  3. 3 Whether respondents are entitled to specific costs for preparation before Master Au‑Yeung and for the costs hearing

Ratio Decidendi

The Registrar exercised discretion: costs of the amendment application (including reserved costs and consequential amendments) are to be paid to Loh Sai and High Choice and taxed if not agreed; costs of the discovery application (including inspection) are to be costs in the cause because discovery was part of case management and High Choice had a duty to disclose pursuant to Order 24; Loh is awarded specified costs for preparation before Master Au‑Yeung; assessed hearing costs are allocated as quantified and payable within 21 days; counsel certificates for this hearing disallowed.

Court Disposition

Costs allocated as ordered: amendment costs to respondents; discovery costs in the cause; specified monetary awards to respondents; counsel certificates disallowed

Orders

  • The costs of and occasioned by Chan Lai Lai’s application for amendment of her pleadings be to Loh Sai and High Choice, to be taxed if not agreed in any event
  • The costs of Chan Lai Lai’s application for discovery, including the costs for inspection of the documents, be costs in the cause, to be taxed if not agreed in any event; Loh Sai to be paid costs for preparation before Master Au‑Yeung as set out below