LAM MUI as the lawful administratrix of the estate of WONG SHING, deceased AND ANOTHER v. FRONTRICH INVESTMENTS LTD AND OTHERS

LAM MUI as the lawful administratrix of the estate of WONG SHING, deceased AND ANOTHER v. FRONTRICH INVESTMENTS LTD AND OTHERS

P2's deliberate concealment of P1's death, dishonest explanations, inordinate delay and opportunistic/persistent litigation conduct constituted special and unusual features and abusive conduct warranting indemnity costs; the 2024 Summons is dismissed with indemnity costs and the Defendants' costs of resisting the...

Source-derived case information.

Citation
[2024] HKCFI 3367
Parties
Lawful Administratrix of the Estate of the 1st Plaintiff (wong Shing, Deceased): Lam Mui; 1st Plaintiff (deceased): Wong Shing; 2nd Plaintiff: Wong Sui Hing; 1st Defendant: Frontrich Investments Limited; 2nd Defendant: Chan Ming Yeung Alexis; 3rd Defendant: Chu Kwok Fai; 4th Defendant: Kong Kwan Tung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 2024
Case Number
HCA34/2021
Procedural Posture
Civil Action Costs Application / Decision on Costs (post Hearing)
Outcome
Costs orders nisi varied: 2024 Summons dismissed with indemnity costs; Injunction Application dismissed with costs prior to 14 May 2021 to be borne by P1 and P2 jointly and severally on a party and party basis and costs since 15 May 2021 to be borne solely by P2 on an indemnity basis; costs of the costs application...
Legal Topics
Indemnity Costs, Variation of Costs Nisi, Abuse of Process, Non Disclosure, Retrospective Leave, Summarily Assessed Costs
Source Language
en
Civil Procedure Costs Injunctions Equity Civil Litigation Indemnity Costs Variation of Costs Nisi Abuse of Process +3 more

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Parties

Lam Mui

Lawful Administratrix of the Estate of the 1st Plaintiff (wong Shing, Deceased)

Wong Shing

1st Plaintiff (deceased)

Wong Sui Hing

2nd Plaintiff

Frontrich Investments Limited

1st Defendant

Chan Ming Yeung Alexis

2nd Defendant

Chu Kwok Fai

3rd Defendant

Kong Kwan Tung

4th Defendant

Procedural Posture

Civil Action Costs Application / Decision on Costs (post Hearing)

Legal Issues

  1. 1 Whether indemnity costs are appropriate in respect of the 2024 Summons
  2. 2 Whether costs incurred after 15 May 2021 should be borne solely by P2 on an indemnity basis in respect of the Injunction Application
  3. 3 Whether P2's conduct (concealment of P1's death, delay, non-disclosure and opportunistic litigation) justifies an award of indemnity costs

Ratio Decidendi

P2's deliberate concealment of P1's death, dishonest explanations, inordinate delay and opportunistic/persistent litigation conduct constituted special and unusual features and abusive conduct warranting indemnity costs; the 2024 Summons is dismissed with indemnity costs and the Defendants' costs of resisting the Injunction Application incurred after 15 May 2021 are to be borne by P2 on an indemnity basis; the screenshots relied on by P2 are inadmissible without leave.

Court Disposition

Costs orders nisi varied: 2024 Summons dismissed with indemnity costs; Injunction Application dismissed with costs prior to 14 May 2021 to be borne by P1 and P2 jointly and severally on a party and party basis and costs since 15 May 2021 to be borne solely by P2 on an indemnity basis; costs of the costs application...

Orders

  • The 2024 Summons is dismissed with an order of costs in favour of the Defendants, with certificate for counsel, such costs to be summarily assessed on an indemnity basis and payable forthwith.
  • The Injunction Application be dismissed with an order of costs in favour of the Defendants, with certificate for counsel, such costs to be summarily assessed and payable forthwith. The costs incurred prior to 14 May 2021 are to be borne by P1 and P2 jointly and severally on a party and party basis, and the costs...