VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT

The court ordered that costs of the summonses be treated separately from the costs of the hearing: the defendant's 16 March 2012 summons costs prior to 19 April 2012 are reserved pending determination of the plaintiffs' right to sue in the Thai probate action; costs of that summons after 19 April 2012 and costs of...

Source-derived case information.

Citation
VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT
Parties
Plaintiffs: Vidhya Nativivat; Viroj Nativivat; Vinida Wongjariyakul (executors of the Estate of Vannee Nativiviat); Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2012
Case Number
HCA1376/2011
Procedural Posture
Action No. 1376 of 2011 (civil Action Involving Probate/right to Sue) / Rehearing on Costs After Judgment of 12 June 2012
Outcome
Costs order varied and rehearing directed; allocation of costs as specified; assessment to be on paper
Legal Topics
Costs Orders, Right to Sue, Stay, Striking Out, Summary Assessment of Costs
Source Language
en
Civil Procedure Probate Costs Law Costs Orders Right to Sue Stay Striking Out Summary Assessment of Costs

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Parties

Vidhya Nativivat; Viroj Nativivat; Vinida Wongjariyakul (executors of the Estate of Vannee Nativiviat)

Plaintiffs

Defendant

Defendant

Procedural Posture

Action No. 1376 of 2011 (civil Action Involving Probate/right to Sue) / Rehearing on Costs After Judgment of 12 June 2012

Legal Issues

  1. 1 Whether the costs of interlocutory summonses should be treated separately from the costs of the hearing
  2. 2 Whether the defendant was entitled to costs for the summons dated 16 March 2012 and the summons dated 10 May 2012
  3. 3 Whether costs should be reserved pending determination of the plaintiffs' right to sue in the Thai probate action

Ratio Decidendi

The court ordered that costs of the summonses be treated separately from the costs of the hearing: the defendant's 16 March 2012 summons costs prior to 19 April 2012 are reserved pending determination of the plaintiffs' right to sue in the Thai probate action; costs of that summons after 19 April 2012 and costs of the defendant's 10 May 2012 summons are to be paid to the plaintiffs; the prior order of 12 June 2012 is not to be sealed and assessment of costs will be conducted on paper.

Court Disposition

Costs order varied and rehearing directed; allocation of costs as specified; assessment to be on paper

Orders

  • Order dated 12 June 2012 not to be sealed
  • Rehearing on the issue of costs directed