Event and Time
Event Description
- Case involving partnership proceedings relating to the misappropriation of funds by the late Kut Sze Tu (KST), which affected members of his family.
- KST died intestate on 20 October 1997, leading to disputes over the partnership's finances.
- Two sets of proceedings: the Lowe Proceedings (2005) and the FC Chow Proceedings (2017), addressing the entitlement of various parties to misappropriated funds.
Application and Claims
- The plaintiffs in the Lowe Proceedings (Mary and Geoffrey Lowe) sought a determination of their entitlement to funds misappropriated by KST from the estate.
- The FC Chow Proceedings involve legal representatives of KST’s second wife seeking similar financial relief.
- The Inquiry was established by the Court of Appeal to assess the financial claims of the Lowe family against KST's estate.
Judicial Decisions
- Orders were made that there be no order as to costs for both proceedings (2005 and 2017) due to the absence of clear success by any party.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Claims:
- Mary and Geoffrey Lowe claimed entitlement to profits misappropriated by KST during his tenure in the partnership. - Legal representatives of FC Chow claimed similar rights under KST's estate.
- Defendants' Arguments:
- The defense likely argued against the claims of entitlement, possibly denying the extent of misappropriation or the legitimacy of claims. - The notion that no party enjoyed success in the Inquiry proceedings played a crucial role in the ruling.
- Evidence and Reasoning:
- Evidence presented included financial statements or accounts related to the partnership. - The judgment examined precedents and relevant sections of the Supreme Court Act to determine the ability for costs to be awarded.