LAM MAN CHEUNG v. LAM MAN YIN AND ANOTHER

LAM MAN CHEUNG v. LAM MAN YIN AND ANOTHER

The court applied a broad‑brush reasonableness assessment, disallowing or reducing items that were excessive, unclear or duplicative, rejecting that vague affidavit wording meant personal costs were necessarily charged to the Estate, and holding that only costs properly incurred in the executors' capacity as trustees may be borne by the Estate; specific assessed sums were substituted for claimed amounts accordingly.

Citation
[2022] HKCFI 1588
Parties
Plaintiff in HCMP 375/2021; 1st Defendant in HCMP 739/2021: Lam Man Cheung; Defendant in HCMP 375/2021; 1st Plaintiff and Executrix in HCMP 739/2021: Lam Man Yin; Defendant in HCMP 375/2021; 2nd Plaintiff and Executor in HCMP 739/2021: Lam Man Pang; 2nd Defendant in HCMP 739/2021: Jiao Fangfang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2022
Case Number
HCMP375/2021
Procedural Posture
Miscellaneous Proceedings (originating Summons Under Order 85, Probate Matters) / Costs Assessment (decision on Costs)
Outcome
Costs assessed and ordered as stated below.
Legal Topics
Costs Assessment, Trustee Basis Costs, Allocation Between Personal and Representative Capacity, Reasonableness of Solicitor and Counsel Fees
Source Language
EN
Probate and Administration Civil Procedure Costs Law Costs Assessment Trustee Basis Costs Allocation Between Personal and Representative Capacity Reasonableness of Solicitor and Counsel Fees

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Parties

Lam Man Cheung

Plaintiff in HCMP 375/2021; 1st Defendant in HCMP 739/2021

Lam Man Yin

Defendant in HCMP 375/2021; 1st Plaintiff and Executrix in HCMP 739/2021

Lam Man Pang

Defendant in HCMP 375/2021; 2nd Plaintiff and Executor in HCMP 739/2021

Jiao Fangfang

2nd Defendant in HCMP 739/2021

Procedural Posture

Miscellaneous Proceedings (originating Summons Under Order 85, Probate Matters) / Costs Assessment (decision on Costs)

Legal Issues

  1. 1 Whether party-and-party costs claimed were reasonable
  2. 2 Whether full costs should be paid out of the Estate on a trustee basis
  3. 3 Whether costs incurred by a party in a personal capacity can be borne by the Estate

Ratio Decidendi

The court applied a broad‑brush reasonableness assessment, disallowing or reducing items that were excessive, unclear or duplicative, rejecting that vague affidavit wording meant personal costs were necessarily charged to the Estate, and holding that only costs properly incurred in the executors' capacity as trustees may be borne by the Estate; specific assessed sums were substituted for claimed amounts accordingly.

Court Disposition

Costs assessed and ordered as stated below.

Orders

  • HCMP 375/2021: party-and-party costs against MC Lam assessed at HK$130000
  • HCMP 375/2021: total costs allowed on trustee basis assessed at HK$270160; executors' own costs to be paid out of the Estate assessed at HK$140160