YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

Consolidation did not make distinct claims the same for costs purposes; plaintiffs entitled to costs for the ex parte injunction, but defendants entitled to costs of HCA7129/1997; because of overall conduct and time spent the judge apportioned costs by ordering plaintiffs to pay defendants 20% of the costs of the proceedings to date (including the 18 November 2004 hearing); defendants not liable to pay plaintiffs the costs of the injunction application; costs increase caused by joinder of 1st and 2nd defendants to be borne by plaintiffs.

Citation
YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS
Parties
1st Plaintiff: YAU KWAI; 1st Plaintiff: YAU FUI; 1st Plaintiff: YAU CHE WAI; Plaintiff (successor): YAU CHI WING; Plaintiff (successor): YAU CHI ON; 2nd Plaintiff: YAU TIN SUNG; 2nd Plaintiff: YAU TIN SANG COLIN; 1st Defendant: YAU KAR SIU; 2nd Defendant: YAU LOI; 3rd Defendant: VICTORY VILLA MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2004
Case Number
HCMP1363/2003
Procedural Posture
Partition and Related Claims (trespass, Title Dispute, Injunction) / Decision (judgment Dated 16 December 2004)
Outcome
Partition granted; costs allocated between parties with specific apportionment orders.
Legal Topics
Partition Order, Trespass, Title Dispute, Injunction, Costs Allocation, Consolidation
Source Language
EN
Property Law Partition Tort Chinese Customary Law Civil Procedure Costs Partition Order Trespass +4 more

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Parties

YAU KWAI

1st Plaintiff

YAU FUI

1st Plaintiff

YAU CHE WAI

1st Plaintiff

YAU CHI WING

Plaintiff (successor)

YAU CHI ON

Plaintiff (successor)

YAU TIN SUNG

2nd Plaintiff

YAU TIN SANG COLIN

2nd Plaintiff

YAU KAR SIU

1st Defendant

YAU LOI

2nd Defendant

VICTORY VILLA MANAGEMENT LIMITED

3rd Defendant

Procedural Posture

Partition and Related Claims (trespass, Title Dispute, Injunction) / Decision (judgment Dated 16 December 2004)

Legal Issues

  1. 1 Whether partition should be ordered under Partition Ordinance s.4
  2. 2 Validity of trespass and title claims against 3rd defendant based on Chinese customary law
  3. 3 Entitlement to ex parte injunction

Ratio Decidendi

Consolidation did not make distinct claims the same for costs purposes; plaintiffs entitled to costs for the ex parte injunction, but defendants entitled to costs of HCA7129/1997; because of overall conduct and time spent the judge apportioned costs by ordering plaintiffs to pay defendants 20% of the costs of the proceedings to date (including the 18 November 2004 hearing); defendants not liable to pay plaintiffs the costs of the injunction application; costs increase caused by joinder of 1st and 2nd defendants to be borne by plaintiffs.

Court Disposition

Partition granted; costs allocated between parties with specific apportionment orders.

Orders

  • Partition ordered (HCMP1363/2003)
  • Plaintiffs entitled to costs of the ex parte injunction (para.62 of judgment)