MAN TAI SANG AND OTHERS v. MAN SHEK TONG AND ANOTHER

MAN TAI SANG AND OTHERS v. MAN SHEK TONG AND ANOTHER

The summons was dismissed because the application was procedurally defective: it was made by the defendants in their personal capacity on behalf of the Tso while the Tso was not before the court and the correct procedure (a Beddoe application by the trust managers) had not been followed; accordingly the court would not authorize withdrawal of trust funds at that stage, although leave was reserved to make the proper application.

Citation
MAN TAI SANG AND OTHERS v. MAN SHEK TONG AND ANOTHER
Parties
Plaintiff: Plaintiffs; Defendant: Defendants; Trust: The Tso
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2017
Case Number
HCA2232/2014
Procedural Posture
Application to Approve Legal Costs / Interlocutory Pre Trial
Outcome
Summons dismissed without prejudice to proper application by the Tso or its managers
Legal Topics
Beddoe Application, Withdrawal of Trust Funds, Undertaking Variation, Legal Costs Approval
Source Language
EN
Trusts Civil Procedure Costs Beddoe Application Withdrawal of Trust Funds Undertaking Variation Legal Costs Approval

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

The Tso

Trust

Procedural Posture

Application to Approve Legal Costs / Interlocutory Pre Trial

Legal Issues

  1. 1 Whether the defendants can obtain payment from the Tso for legal costs when the Tso is not before the court
  2. 2 Whether the proper procedure (Beddoe application by the trust managers) was followed
  3. 3 Whether it is appropriate to allow withdrawal of trust funds close to trial without proper application

Ratio Decidendi

The summons was dismissed because the application was procedurally defective: it was made by the defendants in their personal capacity on behalf of the Tso while the Tso was not before the court and the correct procedure (a Beddoe application by the trust managers) had not been followed; accordingly the court would not authorize withdrawal of trust funds at that stage, although leave was reserved to make the proper application.

Court Disposition

Summons dismissed without prejudice to proper application by the Tso or its managers

Orders

  • Summons dismissed
  • Dismissal without prejudice to the Tso and/or the defendants to make the proper Beddoe application for payment out of the Tso's assets