MAN LEUNG AND OTHERS v. MAN YUET KWAI AND OTHERS

MAN LEUNG AND OTHERS v. MAN YUET KWAI AND OTHERS

The plaintiffs were not entitled to indemnity costs out of the money paid into court because they had ceased to be managers/trustees, failed to provide necessary evidence and information, acted with inordinate delay and unreasonably; accordingly plaintiffs receive party and party costs only up to and including 2000 to be paid out of the fund, and the 5th and 6th defendants must pay the other defendants' party and party costs due to their rejected, hostile and baseless case.

Citation
MAN LEUNG AND OTHERS v. MAN YUET KWAI AND OTHERS
Parties
Plaintiff: Plaintiffs; Defendant: 1st Defendant; Defendant: 2nd Defendant; Defendant: 3rd Defendant; Defendant: 4th Defendant; Defendant: 5th Defendant; Defendant: 6th Defendant; Defendant: 7th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2013
Case Number
HCMP2270/1998
Procedural Posture
Civil (trust/property) / Decision on Costs (post Judgment)
Outcome
Plaintiffs awarded party and party costs only up to and including 2000 to be paid out of the money paid into court; 5th and 6th defendants ordered to pay 1st,2nd,3rd,4th and 7th defendants party and party costs; costs to be taxed if not agreed.
Legal Topics
Costs of Proceedings, Entitlement to Fund for Trustee Costs, Interpleader, Delay and Negligence by Litigant, Allocation of Costs Between Adverse Defendants
Source Language
EN
Trust Law Civil Procedure Costs Law Costs of Proceedings Entitlement to Fund for Trustee Costs Interpleader Delay and Negligence by Litigant Allocation of Costs Between Adverse Defendants

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiffs

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

3rd Defendant

Defendant

4th Defendant

Defendant

5th Defendant

Defendant

6th Defendant

Defendant

7th Defendant

Defendant

Procedural Posture

Civil (trust/property) / Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether plaintiffs entitled to costs out of fund on indemnity basis under RHC O.62 r.6(2)
  2. 2 Whether plaintiffs were acting as trustees or had surrendered administration to the court
  3. 3 Whether plaintiffs acted unreasonably or for their own benefit such that court should deprive them of costs out of fund

Ratio Decidendi

The plaintiffs were not entitled to indemnity costs out of the money paid into court because they had ceased to be managers/trustees, failed to provide necessary evidence and information, acted with inordinate delay and unreasonably; accordingly plaintiffs receive party and party costs only up to and including 2000 to be paid out of the fund, and the 5th and 6th defendants must pay the other defendants' party and party costs due to their rejected, hostile and baseless case.

Court Disposition

Plaintiffs awarded party and party costs only up to and including 2000 to be paid out of the money paid into court; 5th and 6th defendants ordered to pay 1st,2nd,3rd,4th and 7th defendants party and party costs; costs to be taxed if not agreed.

Orders

  • Plaintiffs to have party and party costs only up to and including 2000 to be paid out of the money paid into court
  • 5th and 6th defendants to pay the 1st, 2nd, 3rd, 4th and 7th defendants costs on a party and party basis