KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS

The judge found overwhelmingly that the 6th defendant knowingly prosecuted a false case using forged Macau documents and unlawful means, motivated by an ulterior vendetta; accordingly the 15th defendant is entitled to costs and a large part of those costs are to be awarded on an indemnity basis with specified apportionment and interest; limited reduction of D15's recoverable costs applies due to his refusal to admit certain facts after 10 May 1999.

Citation
KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS
Parties
1st Plaintiff: KWAN CHUI KWOK YING; 2nd Plaintiff: KWAN SAU HANG SUZANNA; 1st Defendant: TAO WAI CHUN; 2nd Defendant: KWAN SAU SAN SUSAN; 3rd Defendant: KWAN SAU FUN SYLVINE; 4th Defendant: KWAN WAI ON LAWRENCE; 5th Defendant: KWAN LAI ON WARREN; 6th Defendant: KWAN CHI ON; 7th Defendant: KWAN SAU YUNG; 8th Defendant: KWAN SAU KI; 9th Defendant: KWAN TONG ON JOHN; 10th Defendant: KWAN CHEE ON also known as JOHN KUAN YANG; 11th Defendant: KWAN YAN ON KENNETH; 12th Defendant: KWAN YEE ON (a bankrupt); 13th Defendant: KWAN KWOK ON; 14th Defendant: KWAN SAU WO WINNIE; 15th Defendant: KWAN TIT ON DANIEL; 16th Defendant: KWAN KIN ON NORRIS; Deceased: KWAN KAI MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2006
Case Number
HCMP2996/1990
Procedural Posture
Probate / Third Party Proceedings / Costs Hearing and Judgment on Costs (court of First Instance)
Outcome
Third Party Proceedings dismissed; costs awarded to 15th defendant largely on indemnity basis against 6th defendant; partial contribution by estate and reimbursement mechanics ordered; limited reduction to D15's recoverable costs since 10 May 1999.
Legal Topics
Indemnity Costs, Deprivation of Costs, Forgery and False Documents, Malicious Prosecution, Letters of Request / International Evidence
Source Language
EN
Probate Civil Procedure Costs Law Criminal Law (perjury/malicious Prosecution) Evidence (dna) Indemnity Costs Deprivation of Costs Forgery and False Documents +2 more

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Parties

KWAN CHUI KWOK YING

1st Plaintiff

KWAN SAU HANG SUZANNA

2nd Plaintiff

TAO WAI CHUN

1st Defendant

KWAN SAU SAN SUSAN

2nd Defendant

KWAN SAU FUN SYLVINE

3rd Defendant

KWAN WAI ON LAWRENCE

4th Defendant

KWAN LAI ON WARREN

5th Defendant

KWAN CHI ON

6th Defendant

KWAN SAU YUNG

7th Defendant

KWAN SAU KI

8th Defendant

KWAN TONG ON JOHN

9th Defendant

KWAN CHEE ON also known as JOHN KUAN YANG

10th Defendant

KWAN YAN ON KENNETH

11th Defendant

KWAN YEE ON (a bankrupt)

12th Defendant

KWAN KWOK ON

13th Defendant

KWAN SAU WO WINNIE

14th Defendant

KWAN TIT ON DANIEL

15th Defendant

KWAN KIN ON NORRIS

16th Defendant

KWAN KAI MING

Deceased

Procedural Posture

Probate / Third Party Proceedings / Costs Hearing and Judgment on Costs (court of First Instance)

Legal Issues

  1. 1 Whether the successful defendant (15th defendant) should be deprived of costs
  2. 2 Whether the successful defendant is entitled to indemnity costs
  3. 3 Whether the 15th defendant was involved in procuring forged Macau documents

Ratio Decidendi

The judge found overwhelmingly that the 6th defendant knowingly prosecuted a false case using forged Macau documents and unlawful means, motivated by an ulterior vendetta; accordingly the 15th defendant is entitled to costs and a large part of those costs are to be awarded on an indemnity basis with specified apportionment and interest; limited reduction of D15's recoverable costs applies due to his refusal to admit certain facts after 10 May 1999.

Court Disposition

Third Party Proceedings dismissed; costs awarded to 15th defendant largely on indemnity basis against 6th defendant; partial contribution by estate and reimbursement mechanics ordered; limited reduction to D15's recoverable costs since 10 May 1999.

Orders

  • The costs of and occasioned by the 1994 Trial before Patrick Chan J in 1994 be paid by the 6th defendant to be taxed on an indemnity basis with certificate for two counsel (if not agreed)
  • The costs of the appeal to the Court of Appeal in 1995 be paid by the 6th defendant to be taxed on an indemnity basis with certificate for two counsel (if not agreed)