Read the full judgment text of FCMC 15415/2009 on BabelCite. This Family Court judgment before Deputy District Judge D. Cheung.
Civil procedure – costs – application for leave to lift confidentiality restrictions – implied undertaking – costs follow the event – Executors – Next Friend – RHC Order 62 – Re Mong Man Wai [2013] 4 HKC 179 – Ngan In Leng and Chu Yuet Wah (No.1) [2013] HKLRD 717 – Next Friend to pay costs up to 5 October 2018 – Executors to pay costs thereafter – certificate for 2 counsel – The Next Friend sought leave to use documents from ancillary relief proceedings in High Court Proceedings. The Court held that the general legal principles apply, i.e. costs follow the event. The Next Friend accepted that generally the applicant should pay the costs of third parties who are not involved in the main proceedings in respect of the costs of the application itself. However, the Executors failed entirely on the issue in dispute after the issue of the application. The Executors advocated for a position contrary to the guidance in Re Mong Man Wai. The Court found that the Executors went beyond their role of exploring measures of protecting privacy and confidentiality. The Court ordered the Next Friend to pay the Executors' costs up to 5th October 2018. The Executors were ordered to pay the Next Friend's costs from 6th October 2018. Certificate for 2 counsel was granted for both sides.
Legal issues: Applicable legal principle on costs for application to lift confidentiality restrictions · Costs liability for Executors' opposition to application
Outcome: Costs order made. Next Friend pays Executors' costs up to 5 October 2018. Executors pay Next Friend's costs from 6 October 2018.
Cited by 3 cases · Cites 5 cases