MICHAEL SIVAN v. KWOK CHI KEUNG PAUL AND ANOTHER

MICHAEL SIVAN v. KWOK CHI KEUNG PAUL AND ANOTHER

The judge allowed admission of the fresh evidence and found that HK$315,000 represented expenses reasonably incurred in prosecution of the 1994 action; that sum must be deducted from the monies received (HK$787,000) before distribution to the Plaintiff, and the Master's order awarding only HK$2,250 was set aside.

Citation
MICHAEL SIVAN v. KWOK CHI KEUNG PAUL AND ANOTHER
Parties
Plaintiff: MICHAEL SIVAN; 1st Defendant: KWOK CHI KEUNG PAUL; 2nd Defendant: LEASON ENTERPRISES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2000
Case Number
HCA8228/1996
Procedural Posture
Civil Action Account of Monies Arising From Judgment / Appeal From Master's Decision (leave to Appeal Out of Time Granted)
Outcome
Appeal allowed. Master's decision set aside. Order in terms of paragraphs 1(a)-(e) of the Notice of Appeal made as amended.
Legal Topics
Account of Monies, Deduction of Legal Costs, Admission of Fresh Evidence on Appeal, Appeal From Master
Source Language
EN
Civil Procedure Costs Evidence Judgment Enforcement Company Law Account of Monies Deduction of Legal Costs Admission of Fresh Evidence on Appeal +1 more

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Parties

MICHAEL SIVAN

Plaintiff

KWOK CHI KEUNG PAUL

1st Defendant

LEASON ENTERPRISES LIMITED

2nd Defendant

Procedural Posture

Civil Action Account of Monies Arising From Judgment / Appeal From Master's Decision (leave to Appeal Out of Time Granted)

Legal Issues

  1. 1 Whether expenses reasonably incurred in prosecution of the 1994 action should be deducted from monies received by the 1st Defendant
  2. 2 Whether the Master erred in finding only HK$2,250 as legal expenses
  3. 3 Whether fresh evidence (fee notes, receipts, bills of costs) should be admitted on appeal in the interests of justice

Ratio Decidendi

The judge allowed admission of the fresh evidence and found that HK$315,000 represented expenses reasonably incurred in prosecution of the 1994 action; that sum must be deducted from the monies received (HK$787,000) before distribution to the Plaintiff, and the Master's order awarding only HK$2,250 was set aside.

Court Disposition

Appeal allowed. Master's decision set aside. Order in terms of paragraphs 1(a)-(e) of the Notice of Appeal made as amended.

Orders

  • Appeal allowed
  • Order of the Master set aside