TO PUI KUI, the Administratrix of the estate of NG PO SUM, deceased v. NG OI CHE AND OTHERS

TO PUI KUI, the Administratrix of the estate of NG PO SUM, deceased v. NG OI CHE AND OTHERS

Costs to 1st and 3rd defendants were ordered on an indemnity basis because the plaintiff's action was motivated by improper purpose, lacked any identifiable compensatable loss, proceeded on misleading or inadequate factual grounds (including admissions that funds funded the funeral and a car), and would not have been authorised on a proper Beddoe application with full disclosure; accordingly the administratrix is disentitled to indemnity from the estate for costs payable to defendants and to her solicitors; hearing costs for 26 Sep 2014 are ordered nisi on party‑and‑party basis.

Citation
TO PUI KUI, the Administratrix of the estate of NG PO SUM, deceased v. NG OI CHE AND OTHERS
Parties
Plaintiff/administratrix: To Pui Kui (Administratrix of the estate of Ng Po Sum); 1st Defendant: Ng Oi Che; 2nd Defendant: Wing Lung Bank Limited; 3rd Defendant: Hultucktong Enterprises Limited; Third Party: Ng Kwok Tai (Andrew)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2014
Case Number
HCA522/2008
Procedural Posture
Civil (estate/probate Dispute) / Post‑trial Costs Determination; Decision on Costs and Indemnity From Estate
Outcome
Costs in favour of 1st and 3rd defendants to be taxed on an indemnity basis; plaintiff disentitled from indemnity from the Estate in respect of those costs and her own solicitors; order nisi for hearing costs 26 Sep 2014 on party‑and‑party basis; third party already ordered jointly and severally liable.
Legal Topics
Indemnity Costs, Beddoe (leave to Sue on Behalf of Estate), Party‑and‑party Costs, Third‑party Liability for Costs, Vexatious Litigation, Costs Taxation, Certificate for Counsel
Source Language
EN
Civil Procedure Probate and Administration Costs Law Trusts and Fiduciary Law Indemnity Costs Beddoe (leave to Sue on Behalf of Estate) Party‑and‑party Costs Third‑party Liability for Costs +3 more

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Parties

To Pui Kui (Administratrix of the estate of Ng Po Sum)

Plaintiff/administratrix

Ng Oi Che

1st Defendant

Wing Lung Bank Limited

2nd Defendant

Hultucktong Enterprises Limited

3rd Defendant

Ng Kwok Tai (Andrew)

Third Party

Procedural Posture

Civil (estate/probate Dispute) / Post‑trial Costs Determination; Decision on Costs and Indemnity From Estate

Legal Issues

  1. 1 Whether costs payable to 1st and 3rd defendants should be awarded on an indemnity basis
  2. 2 Whether the plaintiff/administratrix is entitled to be indemnified from the estate for (i) costs payable personally to the 1st and 3rd defendants and (ii) costs payable to her own solicitors
  3. 3 Whether a Beddoe application would have been granted and effect of failure to apply

Ratio Decidendi

Costs to 1st and 3rd defendants were ordered on an indemnity basis because the plaintiff's action was motivated by improper purpose, lacked any identifiable compensatable loss, proceeded on misleading or inadequate factual grounds (including admissions that funds funded the funeral and a car), and would not have been authorised on a proper Beddoe application with full disclosure; accordingly the administratrix is disentitled to indemnity from the estate for costs payable to defendants and to her solicitors; hearing costs for 26 Sep 2014 are ordered nisi on party‑and‑party basis.

Court Disposition

Costs in favour of 1st and 3rd defendants to be taxed on an indemnity basis; plaintiff disentitled from indemnity from the Estate in respect of those costs and her own solicitors; order nisi for hearing costs 26 Sep 2014 on party‑and‑party basis; third party already ordered jointly and severally liable.

Orders

  • Costs payable by the plaintiff to the 1st and 3rd defendants to be taxed on an indemnity basis if not agreed, with certificate for two counsel
  • Plaintiff shall be disentitled from being indemnified by the Estate of Ng Po Sum in respect of the costs payable in this action to the 1st and 3rd defendants and to the plaintiff's own solicitors