VH nee N v. YH AND ANOTHER

VH nee N v. YH AND ANOTHER

The judge exercised the broad interlocutory costs discretion, finding the wife acted unreasonably and engaged in material non-disclosure and aggressive litigation including parallel proceedings; accordingly costs of the injunction proceedings are to the husband in any event (taxed party and party if not agreed) and...

Source-derived case information.

Citation
VH nee N v. YH AND ANOTHER
Parties
Petitioner: VH nee N; 1st Respondent: YH; 2nd Respondent: VMV
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
10 March 2015
Case Number
FCMC1075/2013
Procedural Posture
Matrimonial Causes (district Court) / Interlocutory Costs Application and Ruling
Outcome
Costs awarded to husband for injunction proceedings; wife to pay 50% of husband’s costs for the 23 July 2013 summons; costs to be taxed party and party if not agreed and paid at conclusion of ancillary relief proceedings.
Legal Topics
Interlocutory Injunctions, Costs Orders, Non Disclosure, Parallel/duplicate Proceedings, Stay Pending Foreign Proceedings, Forum Conveniens Issues
Source Language
en
Family Law Civil Procedure Costs Injunctions Private International Law Interlocutory Injunctions Costs Orders Non Disclosure +3 more

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Parties

VH nee N

Petitioner

YH

1st Respondent

VMV

2nd Respondent

Procedural Posture

Matrimonial Causes (district Court) / Interlocutory Costs Application and Ruling

Legal Issues

  1. 1 Whether costs should be ordered for the ex parte/inter partes injunction proceedings
  2. 2 Whether the husband is entitled to costs of the summons dated 23 July 2013 seeking a stay
  3. 3 Whether immediate (forthwith) costs or costs assessed/taxed at conclusion are appropriate

Ratio Decidendi

The judge exercised the broad interlocutory costs discretion, finding the wife acted unreasonably and engaged in material non-disclosure and aggressive litigation including parallel proceedings; accordingly costs of the injunction proceedings are to the husband in any event (taxed party and party if not agreed) and the wife must pay 50% of the husband's costs of the 23 July 2013 summons, all payable at the conclusion of ancillary relief proceedings.

Court Disposition

Costs awarded to husband for injunction proceedings; wife to pay 50% of husband’s costs for the 23 July 2013 summons; costs to be taxed party and party if not agreed and paid at conclusion of ancillary relief proceedings.

Orders

  • Costs of the injunction proceedings (wife's inter partes summons dated 4 February 2013 and husband's inter partes summons dated 7 February 2013) to the husband in any event; to be taxed on a party and party basis if not agreed; payable at conclusion of ancillary relief proceedings.
  • Wife to pay 50% of the husband’s costs of and occasioned by the summons dated 23 July 2013; such costs to be taxed on a party and party basis if not agreed; payable at conclusion of ancillary relief proceedings.