HON KWOK WAI, the administrator of the Estate of LAI SHU KUEN, deceased v. HON MAN WAI ANGELA, the administrator of the Estate of LAI SHU KUEN, deceased

HON KWOK WAI, the administrator of the Estate of LAI SHU KUEN, deceased v. HON MAN WAI ANGELA, the administrator of the Estate of LAI SHU KUEN, deceased

Plaintiff had substantially obtained the principal relief sought (removal of the defendant); the defendant's occupation of the property was unreasonable and for her own benefit; accordingly the defendant must personally pay 70% of the plaintiff's costs on an indemnity basis, with the estate to indemnify those costs...

Source-derived case information.

Citation
[2023] HKCFI 2330
Parties
Plaintiff (administrator of the Estate): Hon Kwok Wai; Defendant (administrator of the Estate): Hon Man Wai Angela
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2023
Case Number
HCMP1916/2022
Procedural Posture
Miscellaneous Proceedings (originating Summons Administration of Estate) / Decision on Costs
Outcome
Defendant ordered to personally pay 70% of plaintiff's costs of and occasioned by the Originating Summons on an indemnity basis; Estate to indemnify plaintiff if costs not recovered from defendant; defendant's costs not recoverable from the Estate; defendant's own costs to be taxed under Legal Aid Regulations;...
Legal Topics
Removal of Administrator, Appointment of Professional Administrator, Occupation and Possession of Estate Property, Indemnity Costs, Summary Assessment of Costs
Source Language
en
Probate and Administration Civil Procedure Costs Law Removal of Administrator Appointment of Professional Administrator Occupation and Possession of Estate Property Indemnity Costs Summary Assessment of Costs

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Summary, issues, holding and outcome

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Parties

Hon Kwok Wai

Plaintiff (administrator of the Estate)

Hon Man Wai Angela

Defendant (administrator of the Estate)

Procedural Posture

Miscellaneous Proceedings (originating Summons Administration of Estate) / Decision on Costs

Legal Issues

  1. 1 Whether the defendant should be removed as co-administrator
  2. 2 Whether the plaintiff substantially obtained the principal relief sought
  3. 3 Whether costs should be awarded and on what basis (personal indemnity against defendant and/or from the estate)

Ratio Decidendi

Plaintiff had substantially obtained the principal relief sought (removal of the defendant); the defendant's occupation of the property was unreasonable and for her own benefit; accordingly the defendant must personally pay 70% of the plaintiff's costs on an indemnity basis, with the estate to indemnify those costs if not recovered from the defendant, and the plaintiff's costs are summarily assessed at HKD 450000.

Court Disposition

Defendant ordered to personally pay 70% of plaintiff's costs of and occasioned by the Originating Summons on an indemnity basis; Estate to indemnify plaintiff if costs not recovered from defendant; defendant's costs not recoverable from the Estate; defendant's own costs to be taxed under Legal Aid Regulations;...

Orders

  • Defendant to personally pay 70% of the plaintiff's costs of and occasioned by the Originating Summons (including the 26 June 2023 hearing and written submissions) on an indemnity basis.
  • The Estate to indemnify the plaintiff's costs if not recovered from the defendant.