李光遠 (LI KWONG YUEN)(as one of the beneficiaries of the Estate of LI YIU LAI, the Deceased) v. 李光達 (LI KWONG TAT) (as the Administrator of the Estate of LI YIU LAI, the Deceased)

李光遠 (LI KWONG YUEN)(as one of the beneficiaries of the Estate of LI YIU LAI, the Deceased) v. 李光達 (LI KWONG TAT) (as the Administrator of the Estate of LI YIU LAI, the Deceased)

The summons for payment into court under Order 22 r2 was misconceived and without merit; the Calderbank letter did not limit plaintiff's liability for subsequent costs; the defendant properly defended the administration and is entitled to costs on trustee basis to be paid from the estate, while the plaintiff must pay party-and-party costs; quantum is assessed as HK$400,000 on trustee basis (to be borne by the estate) with HK$200,000 of those costs payable by the plaintiff on party-and-party basis.

Citation
[2021] HKCFI 1088
Parties
Plaintiff (beneficiary): LI KWONG YUEN; Defendant (administrator): LI KWONG TAT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2021
Case Number
HCMP2183/2018
Procedural Posture
Probate / Estate Administration / Hearing and Decision on Costs Following Withdrawal of Claim and Counterclaim
Outcome
Claim and counterclaim dismissed; Summons dismissed; costs awarded against the plaintiff and partially out of the estate as ordered below.
Legal Topics
Revocation of Letters of Administration, Payment Into Court (order 85), Beddoe Applications, Calderbank Offers and Costs Consequences, Party and Party Costs Vs Trustee Basis Costs, Assessment and Quantum of Costs
Source Language
EN
Probate and Estate Administration Civil Procedure Costs Trusts and Trustees Equity Revocation of Letters of Administration Payment Into Court (order 85) Beddoe Applications +3 more

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Parties

LI KWONG YUEN

Plaintiff (beneficiary)

LI KWONG TAT

Defendant (administrator)

Procedural Posture

Probate / Estate Administration / Hearing and Decision on Costs Following Withdrawal of Claim and Counterclaim

Legal Issues

  1. 1 Whether the plaintiff should be liable for defendant's costs only up to the date of the Calderbank letter (17 April 2020)
  2. 2 Whether the defendant is entitled to have his costs paid out of the estate on trustee basis
  3. 3 Whether the summons for payment into court under Order 22 r2 was brought under the correct rule and had merit

Ratio Decidendi

The summons for payment into court under Order 22 r2 was misconceived and without merit; the Calderbank letter did not limit plaintiff's liability for subsequent costs; the defendant properly defended the administration and is entitled to costs on trustee basis to be paid from the estate, while the plaintiff must pay party-and-party costs; quantum is assessed as HK$400,000 on trustee basis (to be borne by the estate) with HK$200,000 of those costs payable by the plaintiff on party-and-party basis.

Court Disposition

Claim and counterclaim dismissed; Summons dismissed; costs awarded against the plaintiff and partially out of the estate as ordered below.

Orders

  • Upon the parties' withdrawal, the claim and counterclaim are dismissed
  • The Summons is dismissed