LEE GOO LYNETTE SIU YIN AND OTHERS v. CHEUNG WAI MING DAISY in her capacity as executor of the estate of LI SING KUI AND OTHERS

LEE GOO LYNETTE SIU YIN AND OTHERS v. CHEUNG WAI MING DAISY in her capacity as executor of the estate of LI SING KUI AND OTHERS

The court clarified it did not intend to order the remainder (55%) of the plaintiffs' costs to be paid out of the estate; the prior costs orders stand on the basis of hostile litigation and the court exercised its discretion under Order 62; the court made a supplementary order that the costs ordered to be paid by D1 and by D2/D3 be taxed and payable forthwith; no order as to costs of the Further Submissions was made.

Citation
[2019] HKCFI 2414
Parties
1st Plaintiff: LEE GOO LYNETTE SIU YIN; 2nd Plaintiff: LEE MICHAEL CHAK CHUEN; 3rd Plaintiff: LEE YEE LIN COLLEEN; 1st Defendant: CHEUNG WAI MING DAISY (executor of the estate of LI SING KUI); 2nd Defendant: LI PAK HUEN (executor of the estate of LI PAK WING); 3rd Defendant: LI PAK HUEN; 4th Defendant: LEE WAI SHING BERNARD; 5th Defendant: LEE WAI YIP PHILIP; 6th Defendant: LEE PAULINE; 7th Defendant: LEE PUI YIN IRENE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2019
Case Number
HCMP1836/2017
Procedural Posture
Probate – Removal Application Under Order 85 of the Rules of the High Court (cap.4 A) / Post‑decision Clarification on Costs (supplementary Costs Decision)
Outcome
Supplementary costs decision clarifying costs orders and directing taxation and immediate payment where ordered
Legal Topics
Removal of Executor, Costs Orders, Taxation of Costs, Indemnity Costs, Order 62 RHC, Re Buckton Classification
Source Language
EN
Probate Civil Procedure Costs Removal of Executor Costs Orders Taxation of Costs Indemnity Costs Order 62 RHC +1 more

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Parties

LEE GOO LYNETTE SIU YIN

1st Plaintiff

LEE MICHAEL CHAK CHUEN

2nd Plaintiff

LEE YEE LIN COLLEEN

3rd Plaintiff

CHEUNG WAI MING DAISY (executor of the estate of LI SING KUI)

1st Defendant

LI PAK HUEN (executor of the estate of LI PAK WING)

2nd Defendant

LI PAK HUEN

3rd Defendant

LEE WAI SHING BERNARD

4th Defendant

LEE WAI YIP PHILIP

5th Defendant

LEE PAULINE

6th Defendant

LEE PUI YIN IRENE

7th Defendant

Procedural Posture

Probate – Removal Application Under Order 85 of the Rules of the High Court (cap.4 A) / Post‑decision Clarification on Costs (supplementary Costs Decision)

Legal Issues

  1. 1 Whether the remainder (55%) of the plaintiffs' costs should be paid out of the estate
  2. 2 Whether costs ordered should be taxed and payable forthwith
  3. 3 Whether costs should be awarded personally against D1 on an indemnity basis or charged to the estate

Ratio Decidendi

The court clarified it did not intend to order the remainder (55%) of the plaintiffs' costs to be paid out of the estate; the prior costs orders stand on the basis of hostile litigation and the court exercised its discretion under Order 62; the court made a supplementary order that the costs ordered to be paid by D1 and by D2/D3 be taxed and payable forthwith; no order as to costs of the Further Submissions was made.

Court Disposition

Supplementary costs decision clarifying costs orders and directing taxation and immediate payment where ordered

Orders

  • No order that the remainder (55%) of the plaintiffs' costs be paid out of the estate
  • The costs ordered to be paid by the 1st Defendant and by the 2nd and 3rd Defendants are to be taxed and are payable forthwith