TAM CHUI KAM AND ANOTHER v. SHUM MING HING AND ANOTHER

TAM CHUI KAM AND ANOTHER v. SHUM MING HING AND ANOTHER

Because the Defendants failed to respond to a reasonable 21 November counter‑offer for almost two months, during which they continued to occupy the premises rent‑free, the court exercised its discretion to order the Defendants to pay the Plaintiffs' costs of the application from 21 November 2006 to and including the day of the hearing, with no order as to costs prior to that date.

Citation
TAM CHUI KAM AND ANOTHER v. SHUM MING HING AND ANOTHER
Parties
Plaintiff (administrator of the Estate of Shum Tak Hing); Defendant (by Counterclaim): TAM CHUI KAM; Plaintiff (administrator of the Estate of Shum Tak Hing); Defendant (by Counterclaim): TAM LAP SHUN; Defendant (executor of the Estate of Chui Yan Tai): SHUM MING HING; Defendant (executor of the Estate of Chui Yan Tai): SHUM KWOK TSIN; Plaintiff (personal Capacity and as Administratrix of the Estate of Shum Woon Cheung); Deceased Party in Earlier Proceedings: CHUI YAN TAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 February 2007
Case Number
HCMP3470/1995
Procedural Posture
Miscellaneous Civil Proceedings Application for Sale and Costs / Costs Hearing and Decision (reasons Delivered)
Outcome
Defendants ordered to pay Plaintiffs' costs of the application from 21 November 2006 to and including the day of hearing; no order as to costs before 21 November 2006.
Legal Topics
Order for Sale, Charging Order, Costs, Interest on Judgment Debts, Mesne Profits, Limitation
Source Language
EN
Civil Procedure Property Law Probate/administration Enforcement of Judgment Order for Sale Charging Order Costs Interest on Judgment Debts +2 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 Amounts and remedies 10
Sign in to unlock

Parties

TAM CHUI KAM

Plaintiff (administrator of the Estate of Shum Tak Hing); Defendant (by Counterclaim)

TAM LAP SHUN

Plaintiff (administrator of the Estate of Shum Tak Hing); Defendant (by Counterclaim)

SHUM MING HING

Defendant (executor of the Estate of Chui Yan Tai)

SHUM KWOK TSIN

Defendant (executor of the Estate of Chui Yan Tai)

CHUI YAN TAI

Plaintiff (personal Capacity and as Administratrix of the Estate of Shum Woon Cheung); Deceased Party in Earlier Proceedings

Procedural Posture

Miscellaneous Civil Proceedings Application for Sale and Costs / Costs Hearing and Decision (reasons Delivered)

Legal Issues

  1. 1 Whether the Defendants should pay the Plaintiffs' costs from 21 November 2006 to the hearing
  2. 2 Whether the Defendants' failure to respond to reasonable settlement proposals justified an adverse costs order
  3. 3 Whether interest on the taxed costs and on the $50,000 should be awarded given the Limitation Ordinance

Ratio Decidendi

Because the Defendants failed to respond to a reasonable 21 November counter‑offer for almost two months, during which they continued to occupy the premises rent‑free, the court exercised its discretion to order the Defendants to pay the Plaintiffs' costs of the application from 21 November 2006 to and including the day of the hearing, with no order as to costs prior to that date.

Court Disposition

Defendants ordered to pay Plaintiffs' costs of the application from 21 November 2006 to and including the day of hearing; no order as to costs before 21 November 2006.

Orders

  • Defendants to pay the Plaintiffs the costs of the application from 21 November 2006 to and including 30 January 2007 (day of hearing).
  • No order as to costs before 21 November 2006.