TANG SIU FOR v. TAO CHI SHING AND OTHERS

TANG SIU FOR v. TAO CHI SHING AND OTHERS

Extension of time to apply to vary the costs order nisi was granted and the costs order was varied: the 2nd defendant was ordered to pay the plaintiff's costs; the three defendants must bear their own defence costs and are prohibited from seeking or receiving any payment or subsidy from the Tong to indemnify their...

Source-derived case information.

Citation
TANG SIU FOR v. TAO CHI SHING AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: To Shui Tai; 3rd Defendant: 3rd Defendant; Applicant (member of the Tong): Mr To Kin Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 2007
Case Number
HCA2336/2004
Procedural Posture
Civil Dispute Concerning Membership and Management of a Religious Tong (trust) / Post‑judgment Application for Extension of Time to Vary a Costs Order Nisi and Variation of Costs Order
Outcome
Application granted in part: time extended; costs order nisi varied to prevent Tong funding of defendants' costs; 2nd defendant ordered to pay plaintiff's costs; 1st and 3rd defendants excused from liability to pay plaintiff's costs and the three defendants ordered not to seek or receive any payment or subsidy from...
Legal Topics
Beddoe Order, Costs Order Nisi, Variation of Costs, Membership Disputes in Unincorporated Associations, Pre‑trial Review Warnings
Source Language
et
Trusts and Trustees Civil Procedure Costs Property Law Equity Beddoe Order Costs Order Nisi Variation of Costs +2 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

To Shui Tai

2nd Defendant

3rd Defendant

3rd Defendant

Mr To Kin Man

Applicant (member of the Tong)

Procedural Posture

Civil Dispute Concerning Membership and Management of a Religious Tong (trust) / Post‑judgment Application for Extension of Time to Vary a Costs Order Nisi and Variation of Costs Order

Legal Issues

  1. 1 Whether managers of the Tong could charge the Tong for legal costs without a Beddoe order
  2. 2 Whether the costs order nisi should be varied to prevent the Tong funding defendants' costs
  3. 3 Whether minority members can be required to subsidise litigation initiated or defended by managers following a majority view

Ratio Decidendi

Extension of time to apply to vary the costs order nisi was granted and the costs order was varied: the 2nd defendant was ordered to pay the plaintiff's costs; the three defendants must bear their own defence costs and are prohibited from seeking or receiving any payment or subsidy from the Tong to indemnify their legal costs (including taxed costs for the 2nd defendant). The court held managers who followed a majority view without obtaining a Beddoe order or independent advice must bear the consequence and the minority should not be forced to subsidise litigation.

Court Disposition

Application granted in part: time extended; costs order nisi varied to prevent Tong funding of defendants' costs; 2nd defendant ordered to pay plaintiff's costs; 1st and 3rd defendants excused from liability to pay plaintiff's costs and the three defendants ordered not to seek or receive any payment or subsidy from...

Orders

  • Extension of time granted to vary the costs order nisi
  • The 2nd defendant (To Shui Tai) is ordered to pay the plaintiff's costs of the action