CHEA SHIU CHOW v. CHEUNG WAI KEUNG THE PERSONAL REPRESENTATIVE OF CHEUNG CHIT CHIU, DECEASED AND OTHERS

CHEA SHIU CHOW v. CHEUNG WAI KEUNG THE PERSONAL REPRESENTATIVE OF CHEUNG CHIT CHIU, DECEASED AND OTHERS

Although costs normally follow the event, the judge exercised discretion to make no order as to costs because the summons was unnecessary in light of the plaintiff's evidence that he had signed the document, and both parties (and their solicitors) contributed to the unnecessary proceedings by failing to correct misunderstandings and by proceeding with the summons despite the evidence; consequently no party should recover costs.

Citation
CHEA SHIU CHOW v. CHEUNG WAI KEUNG THE PERSONAL REPRESENTATIVE OF CHEUNG CHIT CHIU, DECEASED AND OTHERS
Parties
Plaintiff: Chea Shiu Chow; Plaintiff (estate Representative): Chea So Man; 1st Defendant (personal Representative of Cheung Chit Chiu, Deceased): Cheung Wai Keung; 1st Defendant: Cheung Soon Chung; 2nd Defendant: Cheung Sai Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 April 2017
Case Number
HCA1346/2012
Procedural Posture
Civil Possession / Declaration Re Possessory Title / Decision on Costs (chambers)
Outcome
No order as to costs
Legal Topics
Possessory Title, Tenancy Agreement Authenticity, Handwriting/signature Dispute, Disclosure of Original Documents, Costs Order
Source Language
EN
Property Civil Procedure Evidence Costs Possessory Title Tenancy Agreement Authenticity Handwriting/signature Dispute Disclosure of Original Documents +1 more

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Parties

Chea Shiu Chow

Plaintiff

Chea So Man

Plaintiff (estate Representative)

Cheung Wai Keung

1st Defendant (personal Representative of Cheung Chit Chiu, Deceased)

Cheung Soon Chung

1st Defendant

Cheung Sai Ying

2nd Defendant

Procedural Posture

Civil Possession / Declaration Re Possessory Title / Decision on Costs (chambers)

Legal Issues

  1. 1 Whether the signature on the 1994 tenancy document was authentic
  2. 2 Whether production of original documents for handwriting comparison was necessary given the plaintiff's evidence
  3. 3 Whether the applying defendants were entitled to costs of the summons

Ratio Decidendi

Although costs normally follow the event, the judge exercised discretion to make no order as to costs because the summons was unnecessary in light of the plaintiff's evidence that he had signed the document, and both parties (and their solicitors) contributed to the unnecessary proceedings by failing to correct misunderstandings and by proceeding with the summons despite the evidence; consequently no party should recover costs.

Court Disposition

No order as to costs

Orders

  • No order as to costs