BabelCite

Chan Chi Bun v. Wong Chun Mo and Another

Read the full judgment text of HCMP 1612/1995 on BabelCite. This High Court CFI judgment was delivered on 25 March 2003.

1. This is my decision on costs. This action is a domestic dispute between the parties and it has taken a long time to come to the present position. The parties have now reached, for commercial reasons, a settlement (except as to costs) based on an agreed percentage of contribution to the property of 62.5% by the plaintiff's side and the balance from the defendant's side and it is a very sensible commercial decision to settle in this way.

Case No.HCMP 1612/1995
Court
High Court CFI
Date25 Mar 2003
Judge—
Case Document
100%Judiciary

HCMP001612/1995

HCMP1612/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO.1612 OF 1995

---------------------------

IN THE MATTER of resulting trust of the real property purchased by CHAN PUI KING MARIA HELEN, WONG CHUN MO and TSANG CHIU YAN in 12 May 1992, the said property situated at Flat A12, 1st Floor, House No.18, Matauwei Apartments, Bailey Street, Kowloon, Hong Kong

---------------------------

BETWEEN
CHAN CHI BUN, the Executor of CHAN PUI KING MARIA HELEN, Deceased Plaintiff
AND
WONG CHUN MO 1st Defendant
TSANG CHIU YAN 2nd Defendant

---------------------------

Coram: Hon Waung J in Court

Dates of Hearing: 21 and 22 October 2002, 24 and 25 March 2003

Date of Decision: 25 March 2003

------------------------

D E C I S I O N

------------------------

1.This is my decision on costs. This action is a domestic dispute between the parties and it has taken a long time to come to the present position. The parties have now reached, for commercial reasons, a settlement (except as to costs) based on an agreed percentage of contribution to the property of 62.5% by the plaintiff's side and the balance from the defendant's side and it is a very sensible commercial decision to settle in this way.

2.The costs position is bedevilled by many many considerations. There were constant complications, many changes of positions, large number of issues and much details to be considered. I have heard with great interest the submissions made to me by counsel for both sides and taking an overall position, it seems to me that the best and the most reasonable result for costs overall should be no order as to costs for the whole action and that is my order.

(William Waung)
Judge of the Court of First Instance,
High Court

Representation:

Mr Nelson Miu, instructed by Messrs Michael Cheuk, Wong & Kee,for the Plaintiff

Miss K.Y. Wong Lisa, (assigned under Bar Free Legal Service Scheme),for the Defendants