LO MAN YAU v. CHIU SUNG FAI AND ANOTHER

LO MAN YAU v. CHIU SUNG FAI AND ANOTHER

The central event was the dispute over beneficial ownership and entitlement to possession which was decided in favour of the 1st defendant; the constructive trust and life interest issues were facets of the defence, not separate events, therefore costs follow the event and the plaintiff must pay the 1st defendant's...

Source-derived case information.

Citation
LO MAN YAU v. CHIU SUNG FAI AND ANOTHER
Parties
Plaintiff: Lo Man Yau; 1st Defendant: Chiu Sung Fai; 2nd Defendant: All occupiers of Flat B7 and B8 on 3rd Floor, Tung Lee Building, Nos 1C-1K Water Street, Nos 1-15 On Ling Lane, Hong Kong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 May 2017
Case Number
DCCJ2516/2013
Procedural Posture
Civil Action Possession and Proprietary Claims / Decision on Costs (post Judgment)
Outcome
Plaintiff's summons to vary the costs order is dismissed; the costs order nisi in favour of the 1st defendant is upheld.
Legal Topics
Costs, Resulting Trust, Constructive Trust, Life Interest, Mesne Profits, Possession
Source Language
en
Civil Procedure Property Trusts Costs Resulting Trust Constructive Trust Life Interest Mesne Profits +1 more

Source-derived case record

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 7 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lo Man Yau

Plaintiff

Chiu Sung Fai

1st Defendant

All occupiers of Flat B7 and B8 on 3rd Floor, Tung Lee Building, Nos 1C-1K Water Street, Nos 1-15 On Ling Lane, Hong Kong

2nd Defendant

Procedural Posture

Civil Action Possession and Proprietary Claims / Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether the court should vary the costs order nisi made in favour of the 1st defendant
  2. 2 Whether the constructive trust and life interest issues are distinct events for cost allocation separate from the central issue
  3. 3 Whether the central event at trial was beneficial ownership and entitlement to possession

Ratio Decidendi

The central event was the dispute over beneficial ownership and entitlement to possession which was decided in favour of the 1st defendant; the constructive trust and life interest issues were facets of the defence, not separate events, therefore costs follow the event and the plaintiff must pay the 1st defendant's costs to be taxed if not agreed, with the 1st defendant's own costs taxed under the Legal Aid Regulations.

Court Disposition

Plaintiff's summons to vary the costs order is dismissed; the costs order nisi in favour of the 1st defendant is upheld.

Orders

  • Plaintiff's summons dated 23 February 2017 dismissed
  • The 1st defendant's costs of the action are to be paid by the plaintiff to be taxed if not agreed with certificate of counsel