David Robert Vizard and Another v. Andrew Paterson Jones

Case No.HCMP 1559/2014
Court
High Court CFI
Date11 Feb 2015
Judge
Case Document
100%

HCMP 1559/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1559 OF 2014

__________________________

(IN THE MATTER OF VIVATECH LIMITED
and
IN THE MATTER OF SECTION 52 OF THE
TRUSTEE ORDINANCE, CAP 29.)

__________________________

BETWEEN    
DAVID ROBERT VIZARD 1st Plaintiff
TINGTING LIU 2nd Plaintiff
and  
ANDREW PATERSON JONES Defendant

__________________________

Before: Hon Anthony Chan J in Court
Date of Hearing: 11 February 2015
Date of Decision: 11 February 2015

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DECISION ON COSTS

________________________________

1.There is no disagreement by the defendant that there had been various actions taken by the plaintiffs to resolve these matters amicably prior to the institution of these proceedings.

2.I am unable to agree with the defendant that his duty as a trustee was in any way conditional such that he was entitled not to comply with the request by the beneficiaries to have the share in question transferred to them.

3.In the circumstances, it is clearly right for the defendant to pay the costs of these proceedings and I so order.

(Anthony Chan)
Judge of the Court of First Instance
High Court

Mr Alvin Tsang, instructed by David Ravenscroft & Co, for the 1st and 2nd plaintiffs

The defendant appeared in person