LIN FEI ZHU, administratrix of the estate of WONG CHING YIN, Deceased v. WONG YAT WAI, administrator of the estate of WONG CHING YIN, Deceased

LIN FEI ZHU, administratrix of the estate of WONG CHING YIN, Deceased v. WONG YAT WAI, administrator of the estate of WONG CHING YIN, Deceased

Both parties achieved only partial success under the settlement; on the existing materials the court could not reliably say which party would have prevailed at trial; delay in disclosure and alleged dissipation by the administratrix did not, without full hearing, justify removal or a costs order against her; allegations of bad faith were arguable but not proven; accordingly the court exercised its discretion to make no order as to costs for both proceedings while ordering Wong's personal costs to be taxed in accordance with the Legal Aid Regulations and creating a costs order nisi for the hearing.

Citation
[2023] HKCFI 253
Parties
Plaintiff in Hcmp543/2020; Defendant in Hcmp1034/2021: Wong Yat Wai; Defendant in Hcmp543/2020; Plaintiff in Hcmp1034/2021: Lin Fei Zhu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2023
Case Number
HCMP1034/2021
Procedural Posture
Miscellaneous Proceedings (hcmp) Concerning Estate Administration and Originating Summonses / Decision on Costs After Settlement (costs Hearing Following Substantive Settlement)
Outcome
No order as to costs in HCMP543/2020 and HCMP1034/2021; Wong's personal costs to be taxed in accordance with the Legal Aid Regulations; costs order nisi for this hearing that will become absolute unless varied within 14 days.
Legal Topics
Removal of Administrator, Disclosure and Accounts by Personal Representatives, Settlement Except Costs, Inheritance (provision for Family and Dependants) Ordinance Claims, Costs Taxation Under Legal Aid Regulations
Source Language
EN
Probate and Estate Administration Civil Procedure Family Provision Law Costs Law Removal of Administrator Disclosure and Accounts by Personal Representatives Settlement Except Costs Inheritance (provision for Family and Dependants) Ordinance Claims +1 more

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Parties

Wong Yat Wai

Plaintiff in Hcmp543/2020; Defendant in Hcmp1034/2021

Lin Fei Zhu

Defendant in Hcmp543/2020; Plaintiff in Hcmp1034/2021

Procedural Posture

Miscellaneous Proceedings (hcmp) Concerning Estate Administration and Originating Summonses / Decision on Costs After Settlement (costs Hearing Following Substantive Settlement)

Legal Issues

  1. 1 Who should bear costs where substantive proceedings settled except as to costs
  2. 2 Whether delay in disclosure and alleged dissipation justifies removal of an administrator and adverse costs order
  3. 3 Whether one party substantially obtained the reliefs claimed such that costs should follow the event

Ratio Decidendi

Both parties achieved only partial success under the settlement; on the existing materials the court could not reliably say which party would have prevailed at trial; delay in disclosure and alleged dissipation by the administratrix did not, without full hearing, justify removal or a costs order against her; allegations of bad faith were arguable but not proven; accordingly the court exercised its discretion to make no order as to costs for both proceedings while ordering Wong's personal costs to be taxed in accordance with the Legal Aid Regulations and creating a costs order nisi for the hearing.

Court Disposition

No order as to costs in HCMP543/2020 and HCMP1034/2021; Wong's personal costs to be taxed in accordance with the Legal Aid Regulations; costs order nisi for this hearing that will become absolute unless varied within 14 days.

Orders

  • In HCMP543/2020: no order as to costs; Wong's own costs be taxed in accordance with the Legal Aid Regulations.
  • In HCMP1034/2021: no order as to costs; Wong's own costs be taxed in accordance with the Legal Aid Regulations.