LOK MAN SIN v. LAM CHI WING

LOK MAN SIN v. LAM CHI WING

The court exercised its case management discretion, applying the balance of convenience and fairness, and granted the temporary stay; in the exercise of that discretion the court ordered the Defendant to pay the plaintiff the costs of and occasioned by the originating summons incurred from 21 to 31 December 2018 on an indemnity basis and proceeded to carry out a summary assessment of those costs.

Citation
[2019] HKCFI 56
Parties
Plaintiff (one of the Beneficiaries of the Estate of the Deceased): Lok Man Sin; Defendant (executor of the Estate of the Deceased): Lam Chi Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2019
Case Number
HCMP735/2018
Procedural Posture
Miscellaneous Proceedings (hcmp) / Chambers Hearing — Interlocutory Stay Application and Summary Assessment of Costs
Outcome
Stay application granted.
Legal Topics
Stay of Proceedings, Summary Assessment of Costs, Case Management, Executor and Beneficiary Disputes
Source Language
EN
Probate and Administration Civil Procedure Costs Stay of Proceedings Summary Assessment of Costs Case Management Executor and Beneficiary Disputes

Case Brief

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Parties

Lok Man Sin

Plaintiff (one of the Beneficiaries of the Estate of the Deceased)

Lam Chi Wing

Defendant (executor of the Estate of the Deceased)

Procedural Posture

Miscellaneous Proceedings (hcmp) / Chambers Hearing — Interlocutory Stay Application and Summary Assessment of Costs

Legal Issues

  1. 1 Whether a temporary stay of proceedings should be granted as a matter of case management
  2. 2 Balance of convenience and fairness between parties in ordering a stay
  3. 3 entitlement to costs and appropriate basis for assessment

Ratio Decidendi

The court exercised its case management discretion, applying the balance of convenience and fairness, and granted the temporary stay; in the exercise of that discretion the court ordered the Defendant to pay the plaintiff the costs of and occasioned by the originating summons incurred from 21 to 31 December 2018 on an indemnity basis and proceeded to carry out a summary assessment of those costs.

Court Disposition

Stay application granted.

Orders

  • Stay of proceedings granted.
  • Defendant to pay to the plaintiff forthwith the costs of and occasioned by the originating summons incurred by the plaintiff from 21 to 31 December 2018 on an indemnity basis.