WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER

WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER

Defendants were justified in opposing the will and, notwithstanding some overstepping into a positive allegation of forgery, their costs should principally be paid out of the estate; however, because the 2nd Defendant gave evidence that the court found untruthful and which unnecessarily complicated and prolonged the trial, a portion of costs attributable to that conduct must be borne by the Defendants themselves, and the cost order nisi is varied so that 75% (instead of 100%) of the Defendants' costs are payable out of the estate.

Citation
WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER
Parties
1st Plaintiff: WONG OI KING; 2nd Plaintiff: SO NIM CHO DEREK; 1st Defendant: LAI LOK YEE CATHERINE; 2nd Defendant: LAI HO PAK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2002
Case Number
HCAP1/2000
Procedural Posture
Probate Action / Post Trial Application to Vary Costs Order Nisi
Outcome
Order varying cost order nisi in part: defendants' costs to be paid 75% out of the estate; remainder to be borne by Defendants.
Legal Topics
Will Validity, Forgery, Costs Orders, Estate Administration
Source Language
EN
Probate Civil Procedure Costs Will Validity Forgery Costs Orders Estate Administration

Case Brief

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Parties

WONG OI KING

1st Plaintiff

SO NIM CHO DEREK

2nd Plaintiff

LAI LOK YEE CATHERINE

1st Defendant

LAI HO PAK

2nd Defendant

Procedural Posture

Probate Action / Post Trial Application to Vary Costs Order Nisi

Legal Issues

  1. 1 Whether the Defendants' costs should be paid out of the estate
  2. 2 Whether the Defendants put forward a positive case of forgery or merely required strict proof
  3. 3 Application of O.62 r.6(1)(c) of the Rules of the High Court

Ratio Decidendi

Defendants were justified in opposing the will and, notwithstanding some overstepping into a positive allegation of forgery, their costs should principally be paid out of the estate; however, because the 2nd Defendant gave evidence that the court found untruthful and which unnecessarily complicated and prolonged the trial, a portion of costs attributable to that conduct must be borne by the Defendants themselves, and the cost order nisi is varied so that 75% (instead of 100%) of the Defendants' costs are payable out of the estate.

Court Disposition

Order varying cost order nisi in part: defendants' costs to be paid 75% out of the estate; remainder to be borne by Defendants.

Orders

  • Vary cost order nisi: 75% of the Defendants' costs to be paid out of the estate of the deceased, to be taxed if not agreed on a common fund basis.
  • The cost order nisi as thus varied shall become absolute.