Read the full judgment text of CACV 13/2014, CACV 16/2014 and CACV 17/2014 on BabelCite. This Court of Appeal judgment was delivered on 20 January 2016 before Lam VP, Kwan JA, Barma JA.
Civil procedure – costs – appeal – hostile litigation – costs to follow the event – indemnity basis – innocent parties – costs below – set aside – joint and several liability – The court considered costs of the appeal and costs below in a family estate dispute. The main protagonists were first family siblings Ben, Nora, Pat, Ian and Tim. The court held in favour of Ben, Nora and Pat on key issues in the appeal. Costs of the appeal ordered to follow the event: Ian and Tim jointly and severally pay costs of Ben, Nora and Pat on party and party basis. The Mother and 2nd and 3rd Family siblings were innocent parties; Ian and Tim ordered to pay their costs on indemnity basis. Costs order of Poon J against Ben and Nora set aside. In the court below, no clear winner among the four main protagonists; each ordered to bear own costs. Ian, Tim, Ben and Nora jointly and severally bear costs of the Mother and 2nd and 3rd Family siblings below on indemnity basis. Costs of the Aunt deferred due to her death.
Legal issues: Costs of appeal · Costs of innocent parties in appeal · Costs below
Outcome: Costs orders made for the appeal and below. Ian and Tim jointly and severally pay costs of Ben, Nora and Pat in the appeal. Ian and Tim jointly and severally pay costs of the Mother and 2nd and 3rd Family siblings in the appeal. Poon J's costs order against Ben and Nora set aside. Each of Ben, Nora, Ian and Tim bears own costs below. Ian, Tim, Ben and Nora jointly and severally bear costs of the Mother and 2nd and 3rd Family siblings below.
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