TING FU KEUNG, by his next friend, HUI KANG SUN v. TSE NEI LAN, (as the administrator and one of the beneficiaries of the estate of the Deceased)

TING FU KEUNG, by his next friend, HUI KANG SUN v. TSE NEI LAN, (as the administrator and one of the beneficiaries of the estate of the Deceased)

Because there was a realistic potential conflict and practical inability of the parties to cooperate, the court ordered an independent accountant appointed as additional administrator; the estate must pay the parties' costs up to and including the start of the trial (including reserved costs) and thereafter there is no order as to costs between the parties; defendant is not personally liable for the plaintiff's costs; plaintiff's own legal aid costs to be taxed under the Legal Aid Regulations with certificate for counsel.

Citation
[2019] HKCFI 856
Parties
Plaintiff (minor): Ting Fu Keung (by his next friend Hui Kang Sun); Defendant (administratrix): Tse Nei Lan (as administratrix of the estate and beneficiary); Deceased: Ting, Hop Kuen (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2019
Case Number
HCMP1664/2017
Procedural Posture
Probate and Administration; Inheritance (provision for Family and Dependants) Ordinance (cap 481) Claim / Post Trial Costs Decision Following Two Day Trial
Outcome
Independent accountant appointed as additional administrator; estate to bear parties' costs up to and including the morning of the first trial day (including reserved costs); thereafter no order as to costs between plaintiff and defendant; plaintiff's legal aid costs to be taxed with certificate for counsel;...
Legal Topics
Appointment of Additional Administrator Under S25 PAO, Revocation of Letters of Administration, Duty to Render Inventory and Accounts, Costs Allocation and Taxation
Source Language
EN
Probate and Administration Inheritance Claims Family Law Civil Costs Appointment of Additional Administrator Under S25 PAO Revocation of Letters of Administration Duty to Render Inventory and Accounts Costs Allocation and Taxation

Case Brief

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Parties

Ting Fu Keung (by his next friend Hui Kang Sun)

Plaintiff (minor)

Tse Nei Lan (as administratrix of the estate and beneficiary)

Defendant (administratrix)

Ting, Hop Kuen (deceased)

Deceased

Procedural Posture

Probate and Administration; Inheritance (provision for Family and Dependants) Ordinance (cap 481) Claim / Post Trial Costs Decision Following Two Day Trial

Legal Issues

  1. 1 Whether letters of administration should be revoked or additional administrators appointed under section 25 PAO
  2. 2 Whether Madam Zhang or Mr Hui were suitable as co-administrators or whether an independent accountant should be appointed
  3. 3 Whether the defendant should be personally liable for the plaintiff's costs

Ratio Decidendi

Because there was a realistic potential conflict and practical inability of the parties to cooperate, the court ordered an independent accountant appointed as additional administrator; the estate must pay the parties' costs up to and including the start of the trial (including reserved costs) and thereafter there is no order as to costs between the parties; defendant is not personally liable for the plaintiff's costs; plaintiff's own legal aid costs to be taxed under the Legal Aid Regulations with certificate for counsel.

Court Disposition

Independent accountant appointed as additional administrator; estate to bear parties' costs up to and including the morning of the first trial day (including reserved costs); thereafter no order as to costs between plaintiff and defendant; plaintiff's legal aid costs to be taxed with certificate for counsel;...

Orders

  • Appointment of Mr Benny Kwok as additional administrator (accountant) to act with the administratrix
  • Parties directed to each submit names of two accountants with CV and rates for court selection (order implemented)