Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of trust

Legal area

Court

10 Dec 2010

CLEMENCIA MANANSALA GALLAGHER v. MARK EDWARD KIRKHAM

Citation

CLEMENCIA MANANSALA GALLAGHER v. MARK EDWARD KIRKHAM
Court

Court of First Instance
Case number

HCMP1850/2009

The 2nd defendant (trustee) defended the proceedings unreasonably and for its own financial benefit (protecting trustee fees) and therefore must pay the plaintiff's and the 1st defendant's costs on an indemnity basis personally; the trustee cannot recover those costs from the trust estate.
14 Dec 2000

NATALIE W CHEN v. WONG SIU LING AND ANOTHER

Citation

NATALIE W CHEN v. WONG SIU LING AND ANOTHER
Court

Court of First Instance
Case number

HCA17008/1998

Plaintiff was substantially successful and entitled to her costs of both proceedings; trustees who litigated as hostile parties on the construction point cannot claim those costs from the trust; therefore the earlier order that the plaintiff have her costs of both proceedings is confirmed and trust funds will not meet any part of the parties' costs.