NG, ROSE KAI CHING AND OTHERS v. LIANG LOK HO LING, the person appointed to represent the estate of LIANG YUM SHING HOWARD (in his personal capacity and as the executor and trustee of the estate of LIANG TING SEN THOMAS, deceased) AND ANOTHER

NG, ROSE KAI CHING AND OTHERS v. LIANG LOK HO LING, the person appointed to represent the estate of LIANG YUM SHING HOWARD (in his personal capacity and as the executor and trustee of the estate of LIANG TING SEN THOMAS, deceased) AND ANOTHER

Having found that the proceedings were within the 3rd category of Re Buckton but that there was no finding of dishonesty or underhand motive by Howard, the Court ordered that D1 (the estate) pay 85% of the Plaintiffs' remaining costs of the action up to and including trial (certificate for two counsel) to be taxed on a party and party basis if not agreed; Howard/D1's own costs are to be borne personally by him/D1 and any amounts paid by the Estate on his behalf must be reimbursed by D1; indemnity costs were not appropriate; disclosure order as sought was unnecessary because inventory and accounts will record any estate payments, but D1 must reimburse the Estate within 7 days for any...

Citation
[2024] HKCFI 3692
Parties
1st Plaintiff: NG, ROSE KAI CHING; 2nd Plaintiff: LU, LUCY KAI YEE; 3rd Plaintiff: LIANG, CHRISTOPHER YUM CHUNG; 1st Defendant (representing Estate of LIANG YUM SHING Howard): LIANG LOK HO LING; 2nd Defendant: LIANG LO CHING YUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2024
Case Number
HCMP2013/2018
Procedural Posture
Probate and Administration; Trusts; Removal of Executor / Post Trial Costs Determination (paper Disposal After Judgment)
Outcome
Plaintiffs partially successful on costs; 1st Defendant (estate) ordered to pay majority of Plaintiffs' remaining costs; executor's personal costs to be borne personally; no indemnity costs; reimbursement mechanism ordered for any estate-funded costs.
Legal Topics
Removal of Executor, Costs Follow the Event, Indemnity Costs, Self Dealing/conflict of Interest, Inventory and Accounts, Disclosure of Estate Funded Costs
Source Language
EN
Probate Trusts Fiduciary Duties Civil Procedure Costs Removal of Executor Costs Follow the Event Indemnity Costs Self Dealing/conflict of Interest +2 more

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Parties

NG, ROSE KAI CHING

1st Plaintiff

LU, LUCY KAI YEE

2nd Plaintiff

LIANG, CHRISTOPHER YUM CHUNG

3rd Plaintiff

LIANG LOK HO LING

1st Defendant (representing Estate of LIANG YUM SHING Howard)

LIANG LO CHING YUNG

2nd Defendant

Procedural Posture

Probate and Administration; Trusts; Removal of Executor / Post Trial Costs Determination (paper Disposal After Judgment)

Legal Issues

  1. 1 Whether the alleged Plan was agreed and whether administration completed
  2. 2 Whether executor breached fiduciary duties including self-dealing and fair dealing rules
  3. 3 Whether proceedings constituted hostile litigation under Re Buckton and whether costs should follow the event

Ratio Decidendi

Having found that the proceedings were within the 3rd category of Re Buckton but that there was no finding of dishonesty or underhand motive by Howard, the Court ordered that D1 (the estate) pay 85% of the Plaintiffs' remaining costs of the action up to and including trial (certificate for two counsel) to be taxed on a party and party basis if not agreed; Howard/D1's own costs are to be borne personally by him/D1 and any amounts paid by the Estate on his behalf must be reimbursed by D1; indemnity costs were not appropriate; disclosure order as sought was unnecessary because inventory and accounts will record any estate payments, but D1 must reimburse the Estate within 7 days for any...

Court Disposition

Plaintiffs partially successful on costs; 1st Defendant (estate) ordered to pay majority of Plaintiffs' remaining costs; executor's personal costs to be borne personally; no indemnity costs; reimbursement mechanism ordered for any estate-funded costs.

Orders

  • D1 to pay Plaintiffs 85% of their remaining costs of the action up to and including the trial, including reserved costs, with certificate for 2 counsel
  • Costs ordered to be taxed on party and party basis if not agreed