NATALIE W CHEN v. WONG SIU LING AND ANOTHER

NATALIE W CHEN v. WONG SIU LING AND ANOTHER

Plaintiff was substantially successful and entitled to her costs of both proceedings; trustees who litigated as hostile parties on the construction point cannot claim those costs from the trust; therefore the earlier order that the plaintiff have her costs of both proceedings is confirmed and trust funds will not meet any part of the parties' costs.

Citation
NATALIE W CHEN v. WONG SIU LING AND ANOTHER
Parties
Plaintiff: Natalie W Chen; Defendant: Wong Siu Ling; Defendant: Wong Wan Chiu, Ignatius
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2000
Case Number
HCA17008/1998
Procedural Posture
Trusts Proceedings Under Trustee Ordinance (cap.29); High Court Action and Miscellaneous Proceedings Heard Together / Post Judgment Application to Vary Costs Order (costs Variation Application)
Outcome
Order nisi as to costs confirmed in favour of the plaintiff; application to vary costs order refused.
Legal Topics
Construction of Trust, Breach of Trust by Trustees, Removal of Trustees, Costs Orders, Estate Duty
Source Language
EN
Trusts Costs Civil Procedure Equity Construction of Trust Breach of Trust by Trustees Removal of Trustees Costs Orders +1 more

Case Brief

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Natalie W Chen

Plaintiff

Wong Siu Ling

Defendant

Wong Wan Chiu, Ignatius

Defendant

Procedural Posture

Trusts Proceedings Under Trustee Ordinance (cap.29); High Court Action and Miscellaneous Proceedings Heard Together / Post Judgment Application to Vary Costs Order (costs Variation Application)

Legal Issues

  1. 1 Whether costs of High Court action should be met from the trust funds
  2. 2 Whether the plaintiff should pay the defendants' costs of the Miscellaneous Proceedings
  3. 3 Whether trustees who litigate as hostile parties can claim an indemnity from the trust for costs incurred

Ratio Decidendi

Plaintiff was substantially successful and entitled to her costs of both proceedings; trustees who litigated as hostile parties on the construction point cannot claim those costs from the trust; therefore the earlier order that the plaintiff have her costs of both proceedings is confirmed and trust funds will not meet any part of the parties' costs.

Court Disposition

Order nisi as to costs confirmed in favour of the plaintiff; application to vary costs order refused.

Orders

  • Order nisi confirmed that the plaintiff have her costs of both proceedings against the defendants.
  • No order that trust funds meet any part of the parties' costs.