Chin Kwun Kwong v Dennis Ming Chung Low (Costs)

Chin Kwun Kwong brought a proceeding against Dennis Ming Chung Low, contesting the terms of a trust. The case was ultimately settled, but with only one minor matter remaining in dispute. Kwong sought an order for his costs to be paid from the trust assets, while Low argued that Kwong should pay their costs in addition to his own, and that Low's costs should also be paid from the trust assets. The central legal issue before the court was whether Kwong had acted unreasonably or for his own benefit in seeking judicial advice and how this influenced the distribution of costs.

The court examined the conduct of Kwong in seeking legal advice and the implications of his reliance on counsel's advice. It was noted that Kwong had failed to seek approval from the Attorney General or obtain leave from the Court before proceeding with the litigation. The court determined that while Kwong's actions might have been self-serving, they did not amount to unreasonable behaviour or misconduct warranting a departure from the usual cost-sharing arrangement. The court was mindful of the principle that parties' costs should be paid on the indemnity basis unless there were exceptional circumstances justifying a different approach. Ultimately, the court found that the circumstances did not warrant such an exception, and ordered that the parties' costs, as agreed or assessed, were to be paid from the trust assets.

Given the resolution of the minor dispute and the court's findings on the costs issue, the court ordered that the parties’ costs, as agreed or assessed, would be paid on the indemnity basis out of the trust assets. This decision upheld the principle of cost-sharing among the parties and did not impose additional financial burdens on either side.