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

Daisy was not found to have acted so oppressively or egregiously as to merit indemnity costs; accordingly Daisy must pay personally 40% of plaintiffs' costs of the Removal Application (up to and including judgment and drawing of order) on party-and-party basis with certificate for two counsel, D2/D3 (Pak Huen) to pay 5% personally on party-and-party basis, D4–D7 no order as to costs between them and the plaintiffs, costs of adjourned applications reserved, and costs incidental to appointment of independent administrator to be paid from the estate.

Citation
[2019] HKCFI 1957
Parties
1st Plaintiff: LEE GOO LYNETTE SIU YIN; 2nd Plaintiff: LEE MICHAEL CHAK CHUEN; 3rd Plaintiff: LEE YEE LIN COLLEEN; 1st Defendant (in Her Capacity as Executor of the Estate of LI SING Kui): CHEUNG WAI MING DAISY; 2nd Defendant (in His Capacity as Executor of the Estate of LI PAK Wing): LI PAK HUEN; 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
8 August 2019
Case Number
HCMP1836/2017
Procedural Posture
Originating Summons (order 85 Rhc) Concerning Administration of a Deceased Estate / Decision on Costs of the Removal Application (order 85 Proceedings)
Outcome
Costs orders made in specified proportions and reservations as to further applications
Legal Topics
Removal of Executrix, Appointment of Professional Administrator, Costs Orders and Apportionment, Estate Accounts and Disclosure, Indemnity Vs Party and Party Costs
Source Language
EN
Probate and Estate Administration Civil Procedure Costs Removal of Executrix Appointment of Professional Administrator Costs Orders and Apportionment Estate Accounts and Disclosure Indemnity Vs Party and Party Costs

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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

1st Defendant (in Her Capacity as Executor of the Estate of LI SING Kui)

LI PAK HUEN

2nd Defendant (in His Capacity as Executor of the Estate of LI PAK Wing)

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

Originating Summons (order 85 Rhc) Concerning Administration of a Deceased Estate / Decision on Costs of the Removal Application (order 85 Proceedings)

Legal Issues

  1. 1 Whether costs of the Removal Application should be paid out of the estate or personally by defendants
  2. 2 Whether indemnity costs against the executrix (Daisy) are justified
  3. 3 Proper apportionment of costs among defendants and plaintiffs given conduct

Ratio Decidendi

Daisy was not found to have acted so oppressively or egregiously as to merit indemnity costs; accordingly Daisy must pay personally 40% of plaintiffs' costs of the Removal Application (up to and including judgment and drawing of order) on party-and-party basis with certificate for two counsel, D2/D3 (Pak Huen) to pay 5% personally on party-and-party basis, D4–D7 no order as to costs between them and the plaintiffs, costs of adjourned applications reserved, and costs incidental to appointment of independent administrator to be paid from the estate.

Court Disposition

Costs orders made in specified proportions and reservations as to further applications

Orders

  • Daisy to personally pay 40% of Plaintiffs' costs of and incidental to the Removal Application up to and including handing down of the Judgment and drawing up of the Order, taxed if not agreed, on party and party basis with certificate for two counsel
  • Daisy's own costs of and incidental to the Removal Application to be borne personally and not indemnified out of the Estate; if any of Daisy's costs have been paid from the Estate she must reimburse the Estate