CHAN CHI BUN v. WONG CHUN MO AND ANOTHER

CHAN CHI BUN v. WONG CHUN MO AND ANOTHER

Given the domestic character of the dispute, its prolonged and complex history, multiple changes of position, and the parties' commercial settlement allocating contributions, the court exercised its discretion and ordered that there be no order as to costs for the whole action.

Citation
CHAN CHI BUN v. WONG CHUN MO AND ANOTHER
Parties
Plaintiff: CHAN CHI BUN; 1st Defendant: WONG CHUN MO; 2nd Defendant: TSANG CHIU YAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2003
Case Number
HCMP1612/1995
Procedural Posture
Resulting Trust; Property Dispute / Costs Decision / Judgment on Costs
Outcome
No order as to costs for the whole action.
Legal Topics
Resulting Trust, Contribution to Purchase Price, Costs Allocation, Settlement Effects on Costs
Source Language
EN
Property Law Trusts Civil Procedure Costs Resulting Trust Contribution to Purchase Price Costs Allocation Settlement Effects on Costs

Case Brief

Summary, issues, holding and outcome

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Parties

CHAN CHI BUN

Plaintiff

WONG CHUN MO

1st Defendant

TSANG CHIU YAN

2nd Defendant

Procedural Posture

Resulting Trust; Property Dispute / Costs Decision / Judgment on Costs

Legal Issues

  1. 1 Whether any party should be awarded costs after a commercial settlement allocating contributions
  2. 2 Whether costs should follow the event or the court should exercise discretion to make no order given the domestic nature of the dispute
  3. 3 How complexity, shifting positions and prolonged litigation affect a costs order

Ratio Decidendi

Given the domestic character of the dispute, its prolonged and complex history, multiple changes of position, and the parties' commercial settlement allocating contributions, the court exercised its discretion and ordered that there be no order as to costs for the whole action.

Court Disposition

No order as to costs for the whole action.

Orders

  • No order as to costs for the whole action.