WONG KWONG YIU v. MOK HING CHUNG

WONG KWONG YIU v. MOK HING CHUNG

The court exercised its discretion to vary the costs orders: in HCAP 8/2010 costs follow the event and are payable by Wong Kwong Yiu (to be taxed if not agreed); in HCAP 10/2012 MOK is ordered to pay 75% of Wong Kwong Yiu's costs (to be taxed if not agreed); MOK's costs are to be taxed in accordance with the legal aid regulations; the apportionment reflects relative success on the issues, overlap and some duplication of expert evidence and parties' conduct.

Citation
WONG KWONG YIU v. MOK HING CHUNG
Parties
Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012: Mok Hing Chung (莫慶聰); Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012: Wong Kwong Yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2015
Case Number
HCAP10/2012
Procedural Posture
Probate Action (hcap 8/2010 and HCAP 10/2012) / Costs Ruling on Variation Applications After Trial and Judgment
Outcome
Costs orders nisi varied in part by exercise of judicial discretion
Legal Topics
Validity of Will, Resulting Trust, Adoption, Costs Allocation, Expert Evidence
Source Language
EN
Probate Succession Trusts Civil Procedure Costs Validity of Will Resulting Trust Adoption +2 more

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Parties

Mok Hing Chung (莫慶聰)

Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012

Wong Kwong Yiu

Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012

Procedural Posture

Probate Action (hcap 8/2010 and HCAP 10/2012) / Costs Ruling on Variation Applications After Trial and Judgment

Legal Issues

  1. 1 Whether Wong Kwong Yiu was adopted and entitled to letters of administration (Adoption Issue)
  2. 2 Whether a resulting trust existed in favour of Wong Kwong Yiu (Resulting Trust Issue)
  3. 3 Validity of the will of WYS (Will Validity Issue)

Ratio Decidendi

The court exercised its discretion to vary the costs orders: in HCAP 8/2010 costs follow the event and are payable by Wong Kwong Yiu (to be taxed if not agreed); in HCAP 10/2012 MOK is ordered to pay 75% of Wong Kwong Yiu's costs (to be taxed if not agreed); MOK's costs are to be taxed in accordance with the legal aid regulations; the apportionment reflects relative success on the issues, overlap and some duplication of expert evidence and parties' conduct.

Court Disposition

Costs orders nisi varied in part by exercise of judicial discretion

Orders

  • HCAP 8/2010: costs to follow the event and be paid by Wong Kwong Yiu, to be taxed if not agreed
  • HCAP 10/2012: Mok Hing Chung to pay 75% of Wong Kwong Yiu's costs, to be taxed if not agreed