Timothy Harry appeared in Popely v Popely EWHC 667 (Ch), where the High Court in England was tasked to consider whether to make a third party costs order against someone who was not a party to the proceedings but who it was said was the driving force behind the litigation, which involved allegations of fraudulent misappropriation. The equivalent provisions in Hong Kong are section 52A(2)of the High Court Ordinance(Cap.4) and RHC O.62, r 6A. The Court made the Order for costs.
A costs Order was also sought against a defendant to the proceedings, which was an offshore trustee company, based in St Vincent and the Grenadines, but which had not taken any part in the proceedings, and did not wish to take any part in them because it did not wish to be exposed to a costs order. This was a novel point and potentially of wide application in litigation involving trusts. The Court declined to make a costs order against the trustee.