NG CHU WOH, ADMINISTRATOR OF THE ESTATE OF NG TING KA, deceased v. LAI SHUK CHING, ADMINISTRATOR OF THE ESTATE OF NG KOON PONG, deceased AND OTHERS

NG CHU WOH, ADMINISTRATOR OF THE ESTATE OF NG TING KA, deceased v. LAI SHUK CHING, ADMINISTRATOR OF THE ESTATE OF NG KOON PONG, deceased AND OTHERS

The Beddoe order was refused because all beneficiaries are adults and sui juris, there were no sufficient countervailing considerations to justify estate-funded contested litigation, and the administrator could be acting unreasonably with respect to the dispute; accordingly it is not unjust that he should personally bear the risk of adverse costs and the estate should not be directed to fund the contested proceedings.

Citation
[2026] HKCFI 1674
Parties
Plaintiff (administrator of the Estate of Ng Ting Ka): Ng Chu Woh; 1st Defendant (administratrix of the Estate of Ng Koon Pong): Lai Shuk Ching; 2nd Defendant (personal Representative of the Estate of Ng Wai Lam): Ng Lau Shuk Fong; 3rd Defendant (occupant/individual Defendant): Wu Sau Yu aka Ng Sau Yu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2026
Case Number
HCMP751/2025
Procedural Posture
Re Amended Originating Summons for Beddoe Order in Estate Litigation (hcmp 751/2025) / Substantive Hearing of Interlocutory Beddoe Application (decision on Funding of Estate Litigation); Nisi Costs Order Made
Outcome
CW’s application for a Beddoe Order is dismissed.
Legal Topics
Beddoe Order, Administration of Estate, Costs Against Personal Representative, Order 62 Rule 6(2), Intestate Succession
Source Language
EN
Trusts and Estates Probate Civil Procedure Costs Beddoe Order Administration of Estate Costs Against Personal Representative Order 62 Rule 6(2) +1 more

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Parties

Ng Chu Woh

Plaintiff (administrator of the Estate of Ng Ting Ka)

Lai Shuk Ching

1st Defendant (administratrix of the Estate of Ng Koon Pong)

Ng Lau Shuk Fong

2nd Defendant (personal Representative of the Estate of Ng Wai Lam)

Wu Sau Yu aka Ng Sau Yu

3rd Defendant (occupant/individual Defendant)

Procedural Posture

Re Amended Originating Summons for Beddoe Order in Estate Litigation (hcmp 751/2025) / Substantive Hearing of Interlocutory Beddoe Application (decision on Funding of Estate Litigation); Nisi Costs Order Made

Legal Issues

  1. 1 Whether the court should grant a Beddoe order allowing the Father’s Estate to fund prosecution/defence of the Main Action
  2. 2 Whether the administrator should be required to bear adverse costs personally if he has acted unreasonably or for his own benefit
  3. 3 Application of Order 62 r 6(2) where beneficiaries are sui juris and oppose estate-funded litigation

Ratio Decidendi

The Beddoe order was refused because all beneficiaries are adults and sui juris, there were no sufficient countervailing considerations to justify estate-funded contested litigation, and the administrator could be acting unreasonably with respect to the dispute; accordingly it is not unjust that he should personally bear the risk of adverse costs and the estate should not be directed to fund the contested proceedings.

Court Disposition

CW’s application for a Beddoe Order is dismissed.

Orders

  • Costs of CW and costs of Lai in these proceedings, including costs reserved (if any), be borne by the Father’s Estate, in the case of CW on trustee basis and in the case of Lai on common fund basis, to be taxed if not agreed.
  • Unless there is an application for variation of the costs order nisi by an inter partes summons within 14 days, the costs order nisi shall become absolute without a further order.