Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indemnity out of trust fund
  • 28 Nov 1990

    IP CHEUNG KWOK v. IP SIU BUN AND OTHERS

    Citation
    IP CHEUNG KWOK v. IP SIU BUN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV79/1988

    The Court of Appeal upheld the trial judge's costs orders. The Bank was not entitled to retain its full costs out of the trust fund because it failed to obtain timely Beddoe leave, acted unreasonably in defending and prosecuting speculative private trust arguments and in substance for its own benefit; accordingly the Bank may only recover from the fund the sum fixed to represent costs it would have incurred had it promptly sought Beddoe/strike-out relief ($200,000). The appeal was dismissed with costs and specific allocations were ordered between the Bank, the plaintiff, the Attorney General…