KAN SHIU CHEONG FREDERICK v. KAN SIU YING ERNEST AND OTHERS

KAN SHIU CHEONG FREDERICK v. KAN SIU YING ERNEST AND OTHERS

Part 1 of the Bill of Costs comprised indivisible joint costs incurred for all five defendants and, absent good reason to the contrary, must be apportioned equally among the five defendants (20% each); the 1st defendant was not entitled to a larger share because he acted as agent and separable defendant-specific costs had already been placed in Parts 2 and 3.

Citation
KAN SHIU CHEONG FREDERICK v. KAN SIU YING ERNEST AND OTHERS
Parties
Plaintiff (executor and Trustee Under the Last Will of KAN MAN Wai, Deceased): KAN SHIU CHEONG FREDERICK; 1st Defendant (executor and Trustee Under the Last Will of KAN MAN Wai, Deceased): KAN SIU YING ERNEST; 2nd Defendant (personal Representative of Chan Yun, Deceased): KAN SIU YING ERNEST; 3rd Defendant: KAN LIANG YEE WOO EVELYNA; 4th Defendant: KAN LEE YUK WAH ESTHER; 5th Defendant: KAN JONATHAN CHUNG CHI; 6th Defendant: KAN JOEY CHUNG YEE; 7th Defendant: KAN YAN MEE EMILY; 8th Defendant: KAN YAN KA REBECCA; 9th Defendant: LEE KAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2014
Case Number
HCMP490/2006
Procedural Posture
Probate/trusts Beddoe Application / Post Judgment Costs Apportionment Application (taxation Stage)
Outcome
Application granted in part: Part 1 costs apportioned equally among the 1st, 2nd, 4th, 7th and 8th defendants (20% each); defendants' proposed 95/5 split rejected.
Legal Topics
Beddoe Application, Apportionment of Costs, Taxation of Costs, Executors' Duties, Cost Orders
Source Language
EN
Probate Trusts Costs Civil Procedure Estate Administration Beddoe Application Apportionment of Costs Taxation of Costs +2 more

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Parties

KAN SHIU CHEONG FREDERICK

Plaintiff (executor and Trustee Under the Last Will of KAN MAN Wai, Deceased)

KAN SIU YING ERNEST

1st Defendant (executor and Trustee Under the Last Will of KAN MAN Wai, Deceased)

KAN SIU YING ERNEST

2nd Defendant (personal Representative of Chan Yun, Deceased)

KAN LIANG YEE WOO EVELYNA

3rd Defendant

KAN LEE YUK WAH ESTHER

4th Defendant

KAN JONATHAN CHUNG CHI

5th Defendant

KAN JOEY CHUNG YEE

6th Defendant

KAN YAN MEE EMILY

7th Defendant

KAN YAN KA REBECCA

8th Defendant

LEE KAN

9th Defendant

Procedural Posture

Probate/trusts Beddoe Application / Post Judgment Costs Apportionment Application (taxation Stage)

Legal Issues

  1. 1 Whether Part 1 costs are indivisible and should be apportioned equally among the five defendants
  2. 2 Whether the 1st defendant should bear a larger share as the 'main defendant'
  3. 3 Effect of the prior Consent Cost Order and the separation of the Bill of Costs into parts on apportionment

Ratio Decidendi

Part 1 of the Bill of Costs comprised indivisible joint costs incurred for all five defendants and, absent good reason to the contrary, must be apportioned equally among the five defendants (20% each); the 1st defendant was not entitled to a larger share because he acted as agent and separable defendant-specific costs had already been placed in Parts 2 and 3.

Court Disposition

Application granted in part: Part 1 costs apportioned equally among the 1st, 2nd, 4th, 7th and 8th defendants (20% each); defendants' proposed 95/5 split rejected.

Orders

  • Part 1 of the Bill of Costs to be apportioned equally: each of the 1st, 2nd, 4th, 7th and 8th defendants to bear 20% of Part 1 costs
  • Costs order nisi that the 1st, 2nd, 4th, 7th and 8th defendants pay to the plaintiff the costs of and occasioned by this application to be taxed if not agreed