TEAMWELL ENTERPRISES LTD AND ANOTHER v. NG SHING SHE AND ANOTHER

TEAMWELL ENTERPRISES LTD AND ANOTHER v. NG SHING SHE AND ANOTHER

Because the partition was ordered by consent without trial or determination on the merits, and the court was not addressed on detailed merits, the court exercised its discretion to make no general order as to costs between the plaintiffs and the 2nd defendant; however, because the plaintiffs prolonged the proceedings after the 2nd defendant had indicated consent in April 2006, the plaintiffs must pay the costs of the plaintiffs' summons and the 2nd defendant's summons, and costs of partition are to be borne proportionally to the parties' shares.

Citation
TEAMWELL ENTERPRISES LTD AND ANOTHER v. NG SHING SHE AND ANOTHER
Parties
1st Plaintiff: Teamwell Enterprises Limited; 2nd Plaintiff: Harvest Well Industrial Limited; 1st Defendant: Ng Shing She; 2nd Defendant: Prime Centre Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2007
Case Number
HCMP1095/2005
Procedural Posture
Partition Proceedings Under Partition Ordinance (cap.352) With Related Application Under Land (compulsory Sale for Redevelopment) Ordinance / Costs Hearing Following Consent Order for Partition; Decision on Costs
Outcome
No general order as to costs between the plaintiffs and the 2nd defendant; plaintiffs to pay costs of the plaintiffs' summons and the 2nd defendant's summons to the 2nd defendant; costs of partition to be borne by the parties in proportion to their shares in the Land.
Legal Topics
Partition, Costs of Litigation, Consent Orders, Compulsory Sale for Redevelopment
Source Language
EN
Property Law Civil Procedure Costs Law Land Law Partition Costs of Litigation Consent Orders Compulsory Sale for Redevelopment

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Parties

Teamwell Enterprises Limited

1st Plaintiff

Harvest Well Industrial Limited

2nd Plaintiff

Ng Shing She

1st Defendant

Prime Centre Limited

2nd Defendant

Procedural Posture

Partition Proceedings Under Partition Ordinance (cap.352) With Related Application Under Land (compulsory Sale for Redevelopment) Ordinance / Costs Hearing Following Consent Order for Partition; Decision on Costs

Legal Issues

  1. 1 Whether costs should follow the event where the action was resolved by consent without trial
  2. 2 Whether any party should be ordered to pay costs up to April 2006 given initial opposition by the 2nd defendant
  3. 3 Allocation of costs of interlocutory summonses and of the partition order

Ratio Decidendi

Because the partition was ordered by consent without trial or determination on the merits, and the court was not addressed on detailed merits, the court exercised its discretion to make no general order as to costs between the plaintiffs and the 2nd defendant; however, because the plaintiffs prolonged the proceedings after the 2nd defendant had indicated consent in April 2006, the plaintiffs must pay the costs of the plaintiffs' summons and the 2nd defendant's summons, and costs of partition are to be borne proportionally to the parties' shares.

Court Disposition

No general order as to costs between the plaintiffs and the 2nd defendant; plaintiffs to pay costs of the plaintiffs' summons and the 2nd defendant's summons to the 2nd defendant; costs of partition to be borne by the parties in proportion to their shares in the Land.

Orders

  • No order as to costs between the plaintiffs and the 2nd defendant.
  • The costs of the plaintiffs' summons and the 2nd defendant's summons to be paid by the plaintiffs to the 2nd defendant, to be taxed if not agreed.