MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

FACV 25A/2005

Court of Final Appeal10 July 2006

Judges:Court : BokharyChanRibeiroFuad andSir Thomas Eichelbaum

FACV000025A/2005 MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

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)

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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

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DECISION ON COSTS

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Mr Justice Ribeiro PJ:

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.

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

3. No basis has been made out for the order sought by the 2^nd to 4^th plaintiffs and it is accordingly ordered that the costs order nisi that the plaintiffs pay the 1^st 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 2^nd to 4^th plaintiffs

Written submissions in response by the 4^th defendant

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
CFI · 28 Nov 2003
On appeal from
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
CA · 26 May 2005
On appeal from
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
CFA · 12 May 2006
On appeal from
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
CFA · 10 Jul 2006
This judgment