12 Aug 2011
THE OFFICIAL SOLICITOR, EXECUTOR OF THE ESTATE OF SHIU PAK NIN, DECEASED v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Citation
- THE OFFICIAL SOLICITOR, EXECUTOR OF THE ESTATE OF SHIU PAK NIN, DECEASED v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA11070/1998
Under the statutory scheme in force (old s.52A HCO) there is no general jurisdiction to order a non‑party next friend to pay costs; the English Chancery practice imposing primary liability on next friends does not apply in Hong Kong because of the different statutory regime; nevertheless the Court retains an inherent jurisdiction to order costs against a next friend in cases of misconduct, but absent proven misconduct the proper source for defendants' costs is the patient and, after death, the estate; the mental health proceedings court is not the appropriate forum to determine indemnity agai…