LAU YUE KUI v. LAU SAI TUNG, FRANCIS AND OTHERS

LAU YUE KUI v. LAU SAI TUNG, FRANCIS AND OTHERS

The administrator is entitled to an indemnity out of the estate for his costs of HCAP 10 and for his share of costs in CACV 141, to be taxed on trustee basis if not agreed, because he successfully defended the claim and there is no breach of trust or misconduct; however, he is not entitled to indemnity for costs...

Source-derived case information.

Citation
LAU YUE KUI v. LAU SAI TUNG, FRANCIS AND OTHERS
Parties
Administrator / Plaintiff (hcmp 1025) / 1st Defendant (hcap 10): Lau Yue Kui; Opposing Parties / 3rd–7th Defendants (hcmp 1025) / Plaintiffs (hcap 10): Five Fongs; Deceased Estate: Estate of Lau Wai Chau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2008
Case Number
HCMP1025/2004
Procedural Posture
Estate Administration / Trust Proceedings (costs Application) / Interlocutory Costs Application Following Trial and Appeals
Outcome
Application partly granted and partly dismissed: indemnity from estate granted for costs of HCAP 10 and CACV 141 (taxable on trustee basis if not agreed); indemnity for costs of case management appeals refused; HCMP 1025 stayed with liberty to apply; costs of this application awarded to administrator against the...
Legal Topics
Trustee Indemnity for Costs, Taxation on Trustee Basis, Case Management Appeals, Stay of Proceedings, Costs Orders
Source Language
en
Trust Law Probate/estate Administration Civil Procedure Costs Law Appeal Procedure Trustee Indemnity for Costs Taxation on Trustee Basis Case Management Appeals +2 more

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Parties

Lau Yue Kui

Administrator / Plaintiff (hcmp 1025) / 1st Defendant (hcap 10)

Five Fongs

Opposing Parties / 3rd–7th Defendants (hcmp 1025) / Plaintiffs (hcap 10)

Estate of Lau Wai Chau

Deceased Estate

Procedural Posture

Estate Administration / Trust Proceedings (costs Application) / Interlocutory Costs Application Following Trial and Appeals

Legal Issues

  1. 1 Whether the administrator/trustee is entitled to indemnity from the estate for costs incurred defending HCAP 10 and in CACV 141
  2. 2 Whether the administrator is entitled to indemnity for costs of the case management appeals
  3. 3 Whether costs should be taxed on trustee basis or assessed on standard basis

Ratio Decidendi

The administrator is entitled to an indemnity out of the estate for his costs of HCAP 10 and for his share of costs in CACV 141, to be taxed on trustee basis if not agreed, because he successfully defended the claim and there is no breach of trust or misconduct; however, he is not entitled to indemnity for costs incurred in defending the case management appeals which he did not successfully resist. HCMP 1025 is stayed with no order as to costs save for the indemnity between him and the estate; costs of this application are awarded to the administrator against the opposing parties.

Court Disposition

Application partly granted and partly dismissed: indemnity from estate granted for costs of HCAP 10 and CACV 141 (taxable on trustee basis if not agreed); indemnity for costs of case management appeals refused; HCMP 1025 stayed with liberty to apply; costs of this application awarded to administrator against the...

Orders

  • Administrator indemnified by the estate for his costs in HCAP 10 to be taxed on trustee basis if not agreed
  • Administrator indemnified by the estate for his costs in CACV 141 to be taxed on trustee basis if not agreed (administrator awarded 50% of appeal costs against opposing parties by earlier compromise)