NATALIE W CHEN v. WONG SIU LING AND ANOTHER

NATALIE W CHEN v. WONG SIU LING AND ANOTHER

Actions must be seen as a single set of proceedings for costs; plaintiff was substantially successful and entitled to costs of both proceedings; trust funds will not bear any part of the parties' costs; the order nisi as to costs in favour of the plaintiff is confirmed.

Citation
NATALIE W CHEN v. WONG SIU LING AND ANOTHER
Parties
Plaintiff: Natalie W Chen; 1st Defendant: Wong Siu Ling; 2nd Defendant: Wong Wan Chiu, Ignatius
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2000
Case Number
HCMP3943/1997
Procedural Posture
Trusts Proceedings Under Trustee Ordinance / Post Judgment Costs Application
Outcome
Order nisi confirmed; plaintiff awarded costs of both proceedings; defendants to pay plaintiff's costs of this application to be taxed.
Legal Topics
Trust Construction, Trustee Duties, Costs in Trust Litigation, Removal of Trustees, Estate Duty
Source Language
EN
Trusts Costs Equity Civil Procedure Trust Construction Trustee Duties Costs in Trust Litigation Removal of Trustees +1 more

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Parties

Natalie W Chen

Plaintiff

Wong Siu Ling

1st Defendant

Wong Wan Chiu, Ignatius

2nd Defendant

Procedural Posture

Trusts Proceedings Under Trustee Ordinance / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the settlement is fixed or discretionary
  2. 2 Whether trust funds should meet costs of contested litigation
  3. 3 Whether trustees should be removed for breaches of duty (Barker Road redevelopment and estate duty)

Ratio Decidendi

Actions must be seen as a single set of proceedings for costs; plaintiff was substantially successful and entitled to costs of both proceedings; trust funds will not bear any part of the parties' costs; the order nisi as to costs in favour of the plaintiff is confirmed.

Court Disposition

Order nisi confirmed; plaintiff awarded costs of both proceedings; defendants to pay plaintiff's costs of this application to be taxed.

Orders

  • The order nisi that the plaintiff have her costs of both proceedings against the defendants is confirmed.
  • The defendants shall pay the plaintiff's costs of this application to be taxed.