YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

The court held that because the proceedings involved discrete claims, the Elgindata principle did not mandate a blanket award of costs to the plaintiffs; plaintiffs were entitled to costs for the ex parte injunction, defendants were entitled to costs relating to HCA7129/1997 except for the injunction, the 3rd defendant should bear partition action costs incurred to date except costs increased by joinder of the 1st and 2nd plaintiffs, and overall the defendants are to have 20% of the costs of the proceedings incurred up to date (to be paid by the plaintiffs).

Citation
YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS
Parties
1st Plaintiff: YAU KWAI; 1st Plaintiff: YAU FUI; 1st Plaintiff: YAU CHE WAI; Plaintiff (successor): YAU CHI WING; Plaintiff (successor): YAU CHI ON; 2nd Plaintiff: YAU TIN SUNG; 2nd Plaintiff: YAU TIN SANG COLIN; 1st Defendant: YAU KAR SIU (alias YAU LAM SUNG); 2nd Defendant: YAU LOI (alias HIEW FOOK LOI); 3rd Defendant: VICTORY VILLA MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2004
Case Number
HCA7129/1997
Procedural Posture
Partition Application and Related Claims (trespass; Title Challenge) / Costs Decision Following Judgment and Directions
Outcome
Costs allocated: plaintiffs awarded costs for the ex parte injunction; defendants awarded costs for HCA7129/1997 except injunction; 3rd defendant to bear partition costs incurred so far except for increases attributable to joinder; overall defendants to receive 20% of total costs incurred to date payable by plaintiffs.
Legal Topics
Partition, Costs, Trespass, Injunction, Chinese Customary Law, Title Dispute
Source Language
EN
Property Civil Procedure Equity Partition Costs Trespass Injunction Chinese Customary Law +1 more

Case Brief

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Parties

YAU KWAI

1st Plaintiff

YAU FUI

1st Plaintiff

YAU CHE WAI

1st Plaintiff

YAU CHI WING

Plaintiff (successor)

YAU CHI ON

Plaintiff (successor)

YAU TIN SUNG

2nd Plaintiff

YAU TIN SANG COLIN

2nd Plaintiff

YAU KAR SIU (alias YAU LAM SUNG)

1st Defendant

YAU LOI (alias HIEW FOOK LOI)

2nd Defendant

VICTORY VILLA MANAGEMENT LIMITED

3rd Defendant

Procedural Posture

Partition Application and Related Claims (trespass; Title Challenge) / Costs Decision Following Judgment and Directions

Legal Issues

  1. 1 Whether the successful party on one claim is entitled to overall costs where related claims failed
  2. 2 Allocation of costs between plaintiffs and defendants following consolidation
  3. 3 Whether discrete claims justify separate costs outcomes despite consolidation

Ratio Decidendi

The court held that because the proceedings involved discrete claims, the Elgindata principle did not mandate a blanket award of costs to the plaintiffs; plaintiffs were entitled to costs for the ex parte injunction, defendants were entitled to costs relating to HCA7129/1997 except for the injunction, the 3rd defendant should bear partition action costs incurred to date except costs increased by joinder of the 1st and 2nd plaintiffs, and overall the defendants are to have 20% of the costs of the proceedings incurred up to date (to be paid by the plaintiffs).

Court Disposition

Costs allocated: plaintiffs awarded costs for the ex parte injunction; defendants awarded costs for HCA7129/1997 except injunction; 3rd defendant to bear partition costs incurred so far except for increases attributable to joinder; overall defendants to receive 20% of total costs incurred to date payable by plaintiffs.

Orders

  • Plaintiffs to pay defendants 20% of the costs of the proceedings incurred to date (including the 18 November 2004 hearing)
  • Plaintiffs entitled to the costs of the ex parte injunction application