MO YING v. BRILLEX DEVELOPMENT LTD AND ANOTHER

MO YING v. BRILLEX DEVELOPMENT LTD AND ANOTHER

The court applied the general rule that costs follow the event and concluded the central event was determination of beneficial ownership which was decided against the Wife; the purchaser's failed defences were not distinct events nor did they cause a significant increase in costs to justify departing from the rule; the Wife's application to vary the costs order was dismissed. The court granted the purchaser a certificate for two counsel and allowed a one-day extension of time because the delay was minor and caused by solicitor error.

Citation
MO YING v. BRILLEX DEVELOPMENT LTD AND ANOTHER
Parties
Plaintiff: Mo Ying; 1st Defendant: Brillex Development Limited; 2nd Defendant: Chan Wai Tim
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2014
Case Number
HCA111/2011
Procedural Posture
Civil Property / Trust Dispute / Post Trial Costs and Certification Applications Following Dismissal of Plaintiff's Claim
Outcome
Wife's application to vary costs order dismissed; Purchaser's application for certificate for two counsel granted; extension of time for the purchaser's summons granted.
Legal Topics
Constructive Trust, Beneficial Ownership, Bona Fide Purchaser, Estoppel, Waiver, Acquiescence, Laches, Costs Orders, Certificate for Two Counsel, Extension of Time
Source Language
EN
Civil Property Trusts Civil Procedure Costs Constructive Trust Beneficial Ownership Bona Fide Purchaser +7 more

Case Brief

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Parties

Mo Ying

Plaintiff

Brillex Development Limited

1st Defendant

Chan Wai Tim

2nd Defendant

Procedural Posture

Civil Property / Trust Dispute / Post Trial Costs and Certification Applications Following Dismissal of Plaintiff's Claim

Legal Issues

  1. 1 Whether to vary the costs order nisi and deprive or apportion the defendant's costs
  2. 2 Whether issues pleaded by the purchaser constituted separate successful events justifying departure from costs-follow-event
  3. 3 Whether to grant a certificate for two counsel to the purchaser

Ratio Decidendi

The court applied the general rule that costs follow the event and concluded the central event was determination of beneficial ownership which was decided against the Wife; the purchaser's failed defences were not distinct events nor did they cause a significant increase in costs to justify departing from the rule; the Wife's application to vary the costs order was dismissed. The court granted the purchaser a certificate for two counsel and allowed a one-day extension of time because the delay was minor and caused by solicitor error.

Court Disposition

Wife's application to vary costs order dismissed; Purchaser's application for certificate for two counsel granted; extension of time for the purchaser's summons granted.

Orders

  • Initial order nisi in earlier judgment that costs of the Purchaser and the Husband are to be paid by the Wife to be taxed if not agreed (confirmed as not varied)
  • Wife's application to vary costs order nisi dismissed