PAMELA ALDRED AND OTHERS v. CASTLE FIDUCIARY LTD AND ANOTHER

PAMELA ALDRED AND OTHERS v. CASTLE FIDUCIARY LTD AND ANOTHER

The Trustee failed to establish any proper basis to vary the Costs Order Nisi: the costs ordered related to the Trustee's insistence on pressing for a summary determination of the striking-out summons at that interlocutory stage, not the substantive merits, and the Plaintiffs did not consent to substantive disposal; accordingly the Costs Order Nisi is made absolute and the Trustee must pay the costs of the Summons to the Plaintiffs to be summarily assessed.

Citation
[2023] HKCFI 2366
Parties
1st Plaintiff; in Her Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust: Pamela Aldred; 2nd Plaintiff; in His Capacity as Administrator of the Estate of Michael John Aldred, Deceased: Ip Woon Shun; 3rd Plaintiff; in Her Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust: Amber Aldred; 4th Plaintiff; in His Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust: Aiden Aldred; 1st Defendant; Trustee: Castle Fiduciary Limited; 2nd Defendant: John Lindsay Aldred
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 September 2023
Case Number
HCA643/2022
Procedural Posture
Trusts (trustee Ordinance) and Related Interlocutory Relief (injunction and Strike Out) / Costs Application Following Interlocutory Decision on Injunction and Striking Out Summons
Outcome
The Trustee's summons to vary the Costs Order Nisi is dismissed; the Costs Order Nisi is made absolute; Trustee ordered to pay costs of the Summons to the Plaintiffs to be summarily assessed.
Legal Topics
Standing, Strike Out Application, Costs Order Nisi, Interlocutory Procedure, Summary Disposal
Source Language
EN
Trusts Civil Procedure Costs Injunctions Standing Strike Out Application Costs Order Nisi Interlocutory Procedure +1 more

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 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pamela Aldred

1st Plaintiff; in Her Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust

Ip Woon Shun

2nd Plaintiff; in His Capacity as Administrator of the Estate of Michael John Aldred, Deceased

Amber Aldred

3rd Plaintiff; in Her Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust

Aiden Aldred

4th Plaintiff; in His Personal Capacity and on Behalf of the Beneficiaries of the Compass Trust

Castle Fiduciary Limited

1st Defendant; Trustee

John Lindsay Aldred

2nd Defendant

Procedural Posture

Trusts (trustee Ordinance) and Related Interlocutory Relief (injunction and Strike Out) / Costs Application Following Interlocutory Decision on Injunction and Striking Out Summons

Legal Issues

  1. 1 Whether the Trustee’s striking-out summons for want of standing should have been determined before the injunction summons
  2. 2 Whether the Costs Order Nisi should be varied so that costs of the striking-out summons are in the cause
  3. 3 Whether plaintiffs had agreed to substantive determination of the striking-out summons at the interlocutory hearing

Ratio Decidendi

The Trustee failed to establish any proper basis to vary the Costs Order Nisi: the costs ordered related to the Trustee's insistence on pressing for a summary determination of the striking-out summons at that interlocutory stage, not the substantive merits, and the Plaintiffs did not consent to substantive disposal; accordingly the Costs Order Nisi is made absolute and the Trustee must pay the costs of the Summons to the Plaintiffs to be summarily assessed.

Court Disposition

The Trustee's summons to vary the Costs Order Nisi is dismissed; the Costs Order Nisi is made absolute; Trustee ordered to pay costs of the Summons to the Plaintiffs to be summarily assessed.

Orders

  • Summons of 5 June 2023 dismissed
  • Costs Order Nisi dated 23 May 2023 made absolute