DE WONG AU, EDITH v. KHO SIN TEK, HENRY AND ANOTHER

DE WONG AU, EDITH v. KHO SIN TEK, HENRY AND ANOTHER

Master was correct to award costs to Oscar Wong in respect of the summons issued 24–25 April; master was wrong to order no costs for the hearing — costs from the issue of the summons (24 April) to the date of the appeal hearing are to be borne by Henry Kho and assessed on a gross sum basis; court assessed and ordered payment of HKD 68,500 payable forthwith.

Citation
DE WONG AU, EDITH v. KHO SIN TEK, HENRY AND ANOTHER
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): DE WONG AU, EDITH; 1st Defendant (original Action); 2nd Defendant (counterclaim); Appellant: KHO SIN TEK, HENRY; 2nd Defendant (original Action); Plaintiff (counterclaim); Respondent: OSCAR WONG LAI YIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 2001
Case Number
HCAP12/2000
Procedural Posture
Probate Action / Appeal From Master's Costs Order; Costs Assessment
Outcome
Appeal allowed in part; master's order varied to award costs to Oscar Wong from 24 April to date of hearing; costs assessed gross at HKD 68,500 payable forthwith by Henry Kho.
Legal Topics
Expert Evidence (debarment), Costs Orders and Assessment, Exchange of Expert Reports, Adoption Under Chinese Law and Custom
Source Language
EN
Probate Civil Procedure Evidence Costs Expert Evidence (debarment) Costs Orders and Assessment Exchange of Expert Reports Adoption Under Chinese Law and Custom

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Parties

DE WONG AU, EDITH

Plaintiff (original Action); 1st Defendant (counterclaim)

KHO SIN TEK, HENRY

1st Defendant (original Action); 2nd Defendant (counterclaim); Appellant

OSCAR WONG LAI YIN

2nd Defendant (original Action); Plaintiff (counterclaim); Respondent

Procedural Posture

Probate Action / Appeal From Master's Costs Order; Costs Assessment

Legal Issues

  1. 1 Whether issuing and serving a summons to debar expert evidence on 24–25 April was reasonable
  2. 2 Whether Oscar Wong was entitled to costs of the summons and subsequent hearings
  3. 3 Whether the master erred in refusing costs of the hearing on 28 May

Ratio Decidendi

Master was correct to award costs to Oscar Wong in respect of the summons issued 24–25 April; master was wrong to order no costs for the hearing — costs from the issue of the summons (24 April) to the date of the appeal hearing are to be borne by Henry Kho and assessed on a gross sum basis; court assessed and ordered payment of HKD 68,500 payable forthwith.

Court Disposition

Appeal allowed in part; master's order varied to award costs to Oscar Wong from 24 April to date of hearing; costs assessed gross at HKD 68,500 payable forthwith by Henry Kho.

Orders

  • Henry Kho to pay Oscar Wong costs from 24 April 2001 to date of hearing assessed on a gross sum basis in the amount of HKD 68,500 payable forthwith
  • Costs ordered to be borne by Henry Kho for all proceedings arising from the issue of the summons (24 April 2001) to the appeal hearing