LAM MAN CHEUNG v. LAM MAN YIN AND ANOTHER

LAM MAN CHEUNG v. LAM MAN YIN AND ANOTHER

Reduce MC Lam's costs liability by disallowing 30% of the costs incurred in preparing the contested affirmation; order that MC Lam bears costs of OS/375 except that 30% and those costs are not payable from the Estate; order Executors' own costs of OS/375 and OS/739 be paid from the Estate on a trustee basis with certificate for counsel; order that MC Lam and Jiao bear the costs of OS/739 which are not payable from the Estate; refuse to order payment of Executors' costs out of the residue.

Citation
[2022] HKCFI 1201
Parties
Plaintiff (hcmp 375/2021); 1st Defendant (hcmp 739/2021): LAM MAN CHEUNG (林文翔); Defendant (hcmp 375/2021); 1st Plaintiff and Executrix of the Estate (hcmp 739/2021): LAM MAN YIN (林文燕); Defendant (hcmp 375/2021); 2nd Plaintiff and Executor of the Estate (hcmp 739/2021): LAM MAN PANG (林文鵬); 2nd Defendant (hcmp 739/2021): JIAO FANGFANG (焦芳芳)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2022
Case Number
HCMP375/2021
Procedural Posture
Miscellaneous Proceedings Under Order 85 and Probate Matters / Post Judgment Costs Determination
Outcome
Costs order varied in part and confirmed in part as set out below
Legal Topics
Costs Orders, Executor/trustee Expenses, Estate Administration, Variation of Costs Order
Source Language
EN
Probate Civil Procedure Trusts Costs Costs Orders Executor/trustee Expenses Estate Administration Variation of Costs Order

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Parties

LAM MAN CHEUNG (林文翔)

Plaintiff (hcmp 375/2021); 1st Defendant (hcmp 739/2021)

LAM MAN YIN (林文燕)

Defendant (hcmp 375/2021); 1st Plaintiff and Executrix of the Estate (hcmp 739/2021)

LAM MAN PANG (林文鵬)

Defendant (hcmp 375/2021); 2nd Plaintiff and Executor of the Estate (hcmp 739/2021)

JIAO FANGFANG (焦芳芳)

2nd Defendant (hcmp 739/2021)

Procedural Posture

Miscellaneous Proceedings Under Order 85 and Probate Matters / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether MC Lam's costs liability for OS/375 should be reduced by 50% due to irrelevant material in MY Lam's affirmation
  2. 2 Whether Executors' own costs should be payable out of the Estate or out of the residue
  3. 3 Allocation of costs for OS/739 between MC Lam, Jiao and the Executors and whether such costs may be paid from the Estate

Ratio Decidendi

Reduce MC Lam's costs liability by disallowing 30% of the costs incurred in preparing the contested affirmation; order that MC Lam bears costs of OS/375 except that 30% and those costs are not payable from the Estate; order Executors' own costs of OS/375 and OS/739 be paid from the Estate on a trustee basis with certificate for counsel; order that MC Lam and Jiao bear the costs of OS/739 which are not payable from the Estate; refuse to order payment of Executors' costs out of the residue.

Court Disposition

Costs order varied in part and confirmed in part as set out below

Orders

  • MC Lam shall bear the costs of OS/375 (save 30% of the costs incurred for the purpose of preparing MY Lam's affirmation filed on 20 May 2021) which, for the avoidance of doubt, are not to be paid out of the Estate, and the Executors' own costs of OS/375 on a trustee basis be paid out of the Estate, with certificate...
  • The Executors (and MY Lam in her personal capacity) shall have the costs of OS/739 which shall be borne by MC Lam and Jiao (which, for the avoidance of doubt, are not to be paid out of the Estate), and the Executors' own costs of OS/739 on a trustee basis be paid out of the Estate, with certificate for counsel.