MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

The Master granted leave to discontinue but ordered that the Plaintiffs bear the Defendants' costs on a party-and-party basis (to be taxed if not agreed) because the discontinuance did not make the proceedings academic, the Plaintiffs had not obtained the substantive relief sought on the central issue (the alleged fraud concerning the 10,000 shares), and the ordinary rule that costs follow the event applied under O.76 r.11 RHC.

Citation
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
Parties
1st Plaintiff: Ming Shiu Chung aka Hubert Ming; 2nd Plaintiff: Ming Shiu Tong; 3rd Plaintiff: Ming Shiu Hung aka Ronald Ming Siu Hung; 4th Plaintiff: Ming Shiu Kuen aka Bertha Shiu Kuen Shaw; 1st Defendant: Ming Shiu Sum aka Lawrence Ming Shui Sum; 2nd Defendant: Ming Shiu Wah aka Kennth Ming; 3rd Defendant: Ming Shiu Kow
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 2006
Case Number
HCAP16/1996
Procedural Posture
Probate Action / Application for Leave to Discontinue and Costs Hearing
Outcome
Leave granted to Plaintiffs to discontinue the action; Plaintiffs ordered to pay Defendants' costs on a party-and-party basis, to be taxed if not agreed.
Legal Topics
Discontinuance, Costs Orders, Letters of Administration, Authenticity of Documents, Grant of Probate
Source Language
EN
Probate Civil Procedure Costs Succession Company Law Discontinuance Costs Orders Letters of Administration +2 more

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Parties

Ming Shiu Chung aka Hubert Ming

1st Plaintiff

Ming Shiu Tong

2nd Plaintiff

Ming Shiu Hung aka Ronald Ming Siu Hung

3rd Plaintiff

Ming Shiu Kuen aka Bertha Shiu Kuen Shaw

4th Plaintiff

Ming Shiu Sum aka Lawrence Ming Shui Sum

1st Defendant

Ming Shiu Wah aka Kennth Ming

2nd Defendant

Ming Shiu Kow

3rd Defendant

Procedural Posture

Probate Action / Application for Leave to Discontinue and Costs Hearing

Legal Issues

  1. 1 Whether the Plaintiffs should be permitted to discontinue the probate action and on what terms
  2. 2 Whether costs of the defendants and the summons should be paid out of the estate
  3. 3 Whether the proceedings had become academic in light of parallel proceedings and earlier appellate outcomes

Ratio Decidendi

The Master granted leave to discontinue but ordered that the Plaintiffs bear the Defendants' costs on a party-and-party basis (to be taxed if not agreed) because the discontinuance did not make the proceedings academic, the Plaintiffs had not obtained the substantive relief sought on the central issue (the alleged fraud concerning the 10,000 shares), and the ordinary rule that costs follow the event applied under O.76 r.11 RHC.

Court Disposition

Leave granted to Plaintiffs to discontinue the action; Plaintiffs ordered to pay Defendants' costs on a party-and-party basis, to be taxed if not agreed.

Orders

  • Leave granted to the Plaintiffs to discontinue the action herein.
  • Costs of the Defendants in the present proceedings (apart from costs orders already reserved or made), including the summons filed on 28 September 2006 and the hearing on 10 November 2006, to be borne by the Plaintiffs on a party-and-party basis, to be taxed if not agreed.