ERIC EDWARD HOTUNG AND ANOTHER v. HO YUEN KI AND OTHERS

ERIC EDWARD HOTUNG AND ANOTHER v. HO YUEN KI AND OTHERS

There was no reasonable necessity for the 2nd and 3rd defendants to have separate legal teams when judged by the facts reasonably apparent at the time of retention; accordingly the Costs Order Nisi was varied so that plaintiffs pay a portion (10% and 25%) of the 2nd and 3rd defendants' costs respectively, and the plaintiffs' applications for a stay and other relief were dismissed or dealt with as ordered.

Citation
ERIC EDWARD HOTUNG AND ANOTHER v. HO YUEN KI AND OTHERS
Parties
1st Plaintiff: Eric Edward Hotung; 2nd Plaintiff: Lare Sare Limited; 1st Defendant: Ho Yuen Ki; 2nd Defendant: Moon Valley Inc; 3rd Defendant: Mak Shun Ming Michael aka Michael Eric Alexander Bosman Hotung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2017
Case Number
HCA857/2011
Procedural Posture
Civil (trust Dispute With Post Judgment Applications on Costs and Execution) / Post Trial Applications and Decision on Variation of Costs Order, Stay and Leave to Appeal
Outcome
Application to vary Costs Order Nisi granted in part; stay of execution refused; leave granted to withdraw one plaintiffs' summons; other plaintiffs' summons dismissed.
Legal Topics
Security for Costs, Variation of Costs Order, Separate Representation of Multiple Defendants, Stay of Execution Pending Appeal, Leave to Appeal, Taxation of Costs
Source Language
EN
Civil Procedure Costs Trusts Appeal Security for Costs Variation of Costs Order Separate Representation of Multiple Defendants Stay of Execution Pending Appeal +2 more

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Parties

Eric Edward Hotung

1st Plaintiff

Lare Sare Limited

2nd Plaintiff

Ho Yuen Ki

1st Defendant

Moon Valley Inc

2nd Defendant

Mak Shun Ming Michael aka Michael Eric Alexander Bosman Hotung

3rd Defendant

Procedural Posture

Civil (trust Dispute With Post Judgment Applications on Costs and Execution) / Post Trial Applications and Decision on Variation of Costs Order, Stay and Leave to Appeal

Legal Issues

  1. 1 Whether the Costs Order Nisi should be varied so plaintiffs pay part of the 2nd and 3rd defendants' costs
  2. 2 Whether separate legal representation for multiple defendants was reasonably necessary at the time of retention
  3. 3 Whether a stay of execution should be granted pending appeal

Ratio Decidendi

There was no reasonable necessity for the 2nd and 3rd defendants to have separate legal teams when judged by the facts reasonably apparent at the time of retention; accordingly the Costs Order Nisi was varied so that plaintiffs pay a portion (10% and 25%) of the 2nd and 3rd defendants' costs respectively, and the plaintiffs' applications for a stay and other relief were dismissed or dealt with as ordered.

Court Disposition

Application to vary Costs Order Nisi granted in part; stay of execution refused; leave granted to withdraw one plaintiffs' summons; other plaintiffs' summons dismissed.

Orders

  • Plaintiffs shall pay 10% of the 2nd defendant's costs of the action, to be taxed if not agreed, with certificate for counsel.
  • Plaintiffs shall pay 25% of the 3rd defendant's costs of the action, to be taxed if not agreed, with certificate for counsel.