DAVID ROBERT VIZARD AND ANOTHER v. ANDREW PATERSON JONES
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HCMP 1559/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1559 OF 2014
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| (IN THE MATTER OF VIVATECH LIMITED |
| and |
| IN THE MATTER OF SECTION 52 OF THE TRUSTEE ORDINANCE, CAP 29.) |
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| BETWEEN | ||
| DAVID ROBERT VIZARD | 1st Plaintiff | |
| TINGTING LIU | 2nd Plaintiff | |
| and | ||
| ANDREW PATERSON JONES | Defendant |
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| 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
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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