2 May 2019
NG YUK PUI KELLY v. DUNG WAI MAN AND OTHERS
- Citation
- [2019] HKCFI 1157
- Court
- Court of First Instance
- Case number
- HCA1826/2011
Although the children actively participated, provided some funding and their evidence was material and in parts false, the judge found Mrs Ng was the real party who controlled the defence; the children were motivated by filial duty and were prejudiced by lack of an early costs warning. Balancing the factors and exercising discretion under s52A(2), it was not in the interests of justice to order the children to pay Kelly's costs; consequently no costs order was made against the 4th‑6th defendants, but joinder and the enquiry were justified and the children were not awarded costs of the enquiry.