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Ming Shiu Chung and Others v. Ming Shiu Sum and Others

Read the full judgment text of on BabelCite. was delivered on 10 July 2006.

1. Pursuant to paragraph 102 of the Judgment (dated 23 May 2006), written submissions were received from the 2 nd to 4 th plaintiffs seeking an order that the 4 th defendant be made jointly liable with the plaintiffs for the 1 st defendant’s costs in the Court of Final Appeal and/or the courts below.

Case No.
Court
Date10 Jul 2006
Judge—
Case Document
100%Judiciary

FACV No. 25 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 25 of 2005 (CIVIL)

(On appeal from CACV No. 180 of 2004)

_____________________

Between:

  MING SHIU CHUNG
also known as HUBERT MING		 lst Plaintiff
(1st Respondent)
  MING SHIU TONG 2nd Plaintiff
(2nd Respondent)
  MING SHIU HUNG
also known as RONALD MING SIU HUNG		 3rd Plaintiff
(3rd Respondent)
  MING SHIU KUEN
also known as BERTHA SHIU KUEN SHAW		 4th Plaintiff
(4th Respondent)
  and  
  MING SHIU SUM
also known as LAWRENCE MING SHUI SUM		 1st Defendant
(Appellant)
  J F MING INC 2nd Defendant
(5th Respondent)
  THE PERSONAL REPRESENTATIVE
OF MING SHIU WAH also known as
KENNETH MING		 3rd Defendant
(6th Respondent)
  MING SHIU KOW 4th Defendant
(7th Respondent)

_____________________

Court : Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Fuad NPJ andSir Thomas Eichelbaum NPJ

Date of Decision : 10 July 2006

______________________

DECISION ON COSTS

_______________________

Mr Justice Ribeiro PJ:

1.Pursuant to paragraph 102 of the Judgment (dated 23 May 2006), written submissions were received from the 2nd to 4th plaintiffs seeking an order that the 4th defendant be made jointly liable with the plaintiffs for the 1st defendant’s costs in the Court of Final Appeal and/or the courts below.

2.Written submissions in response were received from the 4th Defendant.

3.No basis has been made out for the order sought by the 2nd to 4th plaintiffs and it is accordingly ordered that the costs order nisi that the plaintiffs pay the 1st defendant’s costs in this Court and below be made absolute.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(R A V Ribeiro)
Permanent Judge

(Kutlu Fuad)
Non-Permanent Judge

(Sir Thomas Eichelbaum)
Non-Permanent Judge

Written submissions on costs by Messrs Richards Butler for the 2nd to 4th plaintiffs

Written submissions in response by the 4th defendant