26 Feb 2016
LEUNG CHUNG CHING EDWIN AND ANOTHER v. THE ESTATE OF LEUNG ON MEI AMY, DECEASED AND ANOTHER
- Citation
- LEUNG CHUNG CHING EDWIN AND ANOTHER v. THE ESTATE OF LEUNG ON MEI AMY, DECEASED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2033/2012
The court held that the estate should not bear the plaintiffs' costs because the litigation was inevitable given the plaintiffs' conduct, but Henry personally conducted and defended the action beyond what was necessary and unreasonably protracted the proceedings; accordingly Henry was joined for costs and ordered to pay 20% of the plaintiffs' costs (to be taxed if not agreed), while no costs were ordered against the estate and each party bears their own costs of the summonses.
- Costs against non-parties
- Joinder for costs (order 62 r6a)
- Resulting/constructive trust
- Personal representative liability
- Judicial discretion on costs (s52a cap 4)