STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD AND ANOTHER v. MICHAEL PATRICK CHARLES BROGAN AND OTHERS

STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD AND ANOTHER v. MICHAEL PATRICK CHARLES BROGAN AND OTHERS

Leave to discontinue was granted only on terms that the plaintiffs pay the costs of the Corporate Affairs Commission and the Attorney-General, taxed as between party and party, with the plaintiffs entitled to indemnity from the trust fund for those costs; Mr Brogan to have his costs taxed as a trustee out of the trust estate.

Citation
STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD AND ANOTHER v. MICHAEL PATRICK CHARLES BROGAN AND OTHERS
Parties
1st Plaintiff: STANDARD CHARTERED BANK HONG KONG TRUSTEE LIMITED; 2nd Plaintiff: STANDARD CHARTERED INTERNATIONAL TRUSTEE LIMITED; 1st Defendant: MICHAEL PATRICK CHARLES BROGAN; 2nd Defendant: THE ATTORNEY GENERAL; 3rd Defendant: THE CORPORATE AFFAIRS COMMISSION OF NEW SOUTH WALES
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 1990
Case Number
HCMP2553/1989
Procedural Posture
Originating Summons (trusts/directions) / Interlocutory Application for Leave to Discontinue and Costs Hearing
Outcome
Leave to discontinue granted on terms; plaintiffs ordered to pay defendants' costs as specified.
Legal Topics
Discontinuance, Costs, Duty of Confidentiality, Compulsion by Foreign Law, Intervention
Source Language
EN
Trusts Civil Procedure Costs Confidentiality Evidence Discontinuance Duty of Confidentiality Compulsion by Foreign Law +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

STANDARD CHARTERED BANK HONG KONG TRUSTEE LIMITED

1st Plaintiff

STANDARD CHARTERED INTERNATIONAL TRUSTEE LIMITED

2nd Plaintiff

MICHAEL PATRICK CHARLES BROGAN

1st Defendant

THE ATTORNEY GENERAL

2nd Defendant

THE CORPORATE AFFAIRS COMMISSION OF NEW SOUTH WALES

3rd Defendant

Procedural Posture

Originating Summons (trusts/directions) / Interlocutory Application for Leave to Discontinue and Costs Hearing

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to discontinue without paying defendants' costs
  2. 2 Whether proceedings were properly constituted as domestic trustee directions or hostile litigation
  3. 3 Whether plaintiffs could be required to disclose confidential trustee information and whether an employee compelled abroad would breach duties

Ratio Decidendi

Leave to discontinue was granted only on terms that the plaintiffs pay the costs of the Corporate Affairs Commission and the Attorney-General, taxed as between party and party, with the plaintiffs entitled to indemnity from the trust fund for those costs; Mr Brogan to have his costs taxed as a trustee out of the trust estate.

Court Disposition

Leave to discontinue granted on terms; plaintiffs ordered to pay defendants' costs as specified.

Orders

  • Plaintiffs to pay the costs of the Corporate Affairs Commission taxed as between party and party
  • Plaintiffs to pay the costs of the Attorney-General taxed as between party and party