LEE SUI HONG JEROME, AS THE ADMINISTRATOR OF THE ESTATE OF KAN HAK MING DECEASED v. YE JINXIANG ALSO KNOWN AS YE JINXIANG ALSO KNOWN AS YIP YIM KAM AND OTHERS

LEE SUI HONG JEROME, AS THE ADMINISTRATOR OF THE ESTATE OF KAN HAK MING DECEASED v. YE JINXIANG ALSO KNOWN AS YE JINXIANG ALSO KNOWN AS YIP YIM KAM AND OTHERS

The court held that reasonable administration costs and disbursements incurred by the administrator are payable out of the estate and ordered accordingly subject to section 60; applications to authorise retention of solicitors and Beddoe relief in relation to the Intended Discovery and Joinder applications were premature while a related appeal remained outstanding and were adjourned sine die with liberty to restore; consequential costs orders were made directing payment out of the estate with taxation provisions.

Citation
[2022] HKCFI 3580
Parties
Plaintiff (administrator of the Estate): Lee Sui Hong Jerome; 1st Defendant (beneficiary): Ye Jinxiang; 2nd Defendant (beneficiary): Yu Kit Man; 3rd Defendant (beneficiary, Deceased): Ye Xiuxia
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 November 2022
Case Number
HCMP106/2022
Procedural Posture
Probate and Administration (administration of Intestate Estate) / Directions Hearing and Interlocutory Decision (hcmp 106/2022)
Outcome
Directions partly granted and partly adjourned: court authorised payment of reasonable administration costs from the estate subject to section 60; adjourned sine die the applications to authorise retention of solicitors and for Beddoe relief in relation to the Intended Discovery and Intended Joinder pending...
Legal Topics
Administrator Powers and Duties, Beddoe Orders, Payment of Administration Costs From Estate, Discovery Against Solicitors, Distribution in Specie and Cash, Adjournment Pending Appeal
Source Language
EN
Probate and Administration Civil Procedure Trusts and Estates Costs and Taxation Administrator Powers and Duties Beddoe Orders Payment of Administration Costs From Estate Discovery Against Solicitors +2 more

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Parties

Lee Sui Hong Jerome

Plaintiff (administrator of the Estate)

Ye Jinxiang

1st Defendant (beneficiary)

Yu Kit Man

2nd Defendant (beneficiary)

Ye Xiuxia

3rd Defendant (beneficiary, Deceased)

Procedural Posture

Probate and Administration (administration of Intestate Estate) / Directions Hearing and Interlocutory Decision (hcmp 106/2022)

Legal Issues

  1. 1 Whether the administrator should be authorised to appoint solicitors and incur legal costs (at HKD 4,000/hr) to pursue recovery or defence of legal costs paid out of the estate
  2. 2 Whether the administrator should be authorised to commence discovery proceedings against former solicitors (Raymond Cheung & Chan) for documents relating to legal costs
  3. 3 Whether the administrator should be permitted to join the Retrospective Beddoe Application and obtain a Beddoe order

Ratio Decidendi

The court held that reasonable administration costs and disbursements incurred by the administrator are payable out of the estate and ordered accordingly subject to section 60; applications to authorise retention of solicitors and Beddoe relief in relation to the Intended Discovery and Joinder applications were premature while a related appeal remained outstanding and were adjourned sine die with liberty to restore; consequential costs orders were made directing payment out of the estate with taxation provisions.

Court Disposition

Directions partly granted and partly adjourned: court authorised payment of reasonable administration costs from the estate subject to section 60; adjourned sine die the applications to authorise retention of solicitors and for Beddoe relief in relation to the Intended Discovery and Intended Joinder pending...

Orders

  • Administrator authorised to apply estate funds towards payment of costs and disbursements reasonably incurred in administration, subject to section 60 of the Probate and Administration Ordinance
  • Application for authorisation to retain solicitors and to seek counsel advice in relation to Intended Discovery Proceedings adjourned sine die with liberty to restore pending determination of the appeal (CACV 262/2022)