田勤先作為死者田家庚的遺產執行人 對 田珍妮

田勤先作為死者田家庚的遺產執行人 對 田珍妮

The court found items C and D totalling HK$24,650 to be excessive and assessed them at HK$15,000, and found counsel's claimed fee at the same rate as for the appeal unreasonable, assessing a fair counsel fee at HK$20,000; accordingly the defendant was ordered to pay HK$36,000 to the plaintiff for the costs of the...

Source-derived case information.

Citation
[2024] HKCFI 3612
Parties
Plaintiff; Executor of the Estate of the Deceased Tin Ka Kung: 田勤先 (TIN KUN SIN); Defendant / Respondent: 田珍妮 (TIN CHUN NEI, JENNY)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2024
Case Number
HCAP6/2022
Procedural Posture
Probate / Costs Judgment (assessment of Costs for Permission to Appeal)
Outcome
Defendant ordered to pay the plaintiff costs for the permission to appeal in a reduced and assessed amount.
Legal Topics
Costs Assessment, Permission to Appeal, Reasonableness of Counsel Fees, Opportunity to Oppose Costs
Source Language
ch
Probate Civil Procedure Costs Costs Assessment Permission to Appeal Reasonableness of Counsel Fees Opportunity to Oppose Costs

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Parties

田勤先 (TIN KUN SIN)

Plaintiff; Executor of the Estate of the Deceased Tin Ka Kung

田珍妮 (TIN CHUN NEI, JENNY)

Defendant / Respondent

Procedural Posture

Probate / Costs Judgment (assessment of Costs for Permission to Appeal)

Legal Issues

  1. 1 Whether the claimed costs for the permission to appeal hearing were reasonable
  2. 2 Whether specific items (C and D) were excessive and required reduction
  3. 3 Whether counsel's fee claimed at the same rate as for the appeal was reasonable given the hearing nature

Ratio Decidendi

The court found items C and D totalling HK$24,650 to be excessive and assessed them at HK$15,000, and found counsel's claimed fee at the same rate as for the appeal unreasonable, assessing a fair counsel fee at HK$20,000; accordingly the defendant was ordered to pay HK$36,000 to the plaintiff for the costs of the permission to appeal.

Court Disposition

Defendant ordered to pay the plaintiff costs for the permission to appeal in a reduced and assessed amount.

Orders

  • Defendant Tin Chun Nei to pay Plaintiff Tin Kun Sin HK$36,000 in respect of costs of the permission to appeal
  • Items C and D assessed at HK$15,000 and counsel's fee assessed at HK$20,000