LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

The defendants' conduct in opposing appointment of a professional administrator was unsupported by adequate evidence, was obstructive, and constituted hostile litigation within the class identified in Re Estate of Leung Lit; accordingly the unsuccessful defendants must pay costs and the conduct justified an award on...

Source-derived case information.

Citation
[2023] HKCFI 530
Parties
1st Plaintiff: LAM KA WAI REBECCA; 2nd Plaintiff: LAM KAI CHEUNG; 1st Defendant: LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI; 2nd Defendant: CHUI PAK MING NORMAN, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI; 3rd Defendant: LAM CALINA KA LING; 4th Defendant: LAM KA KEI ANNIE; 5th Defendant: LAM PHILIP KAI TAK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2023
Case Number
HCMP1014/2021
Procedural Posture
Probate and Administration Proceedings (appointment/removal of Administrators) / Costs Decision Following Substantive Administration Ruling
Outcome
Costs awarded to the Plaintiffs on an indemnity basis; Defendants' submissions that costs be paid from the estate rejected
Legal Topics
Administration of Estate, Appointment of Professional Administrator, Indemnity Costs, Removal of Administrators, Estate Investigation
Source Language
en
Probate and Administration Civil Procedure Costs Administration of Estate Appointment of Professional Administrator Indemnity Costs Removal of Administrators Estate Investigation

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Summary, issues, holding and outcome

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Parties

LAM KA WAI REBECCA

1st Plaintiff

LAM KAI CHEUNG

2nd Plaintiff

LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI

1st Defendant

CHUI PAK MING NORMAN, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI

2nd Defendant

LAM CALINA KA LING

3rd Defendant

LAM KA KEI ANNIE

4th Defendant

LAM PHILIP KAI TAK

5th Defendant

Procedural Posture

Probate and Administration Proceedings (appointment/removal of Administrators) / Costs Decision Following Substantive Administration Ruling

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis
  2. 2 Whether defendants' conduct justified ordering costs against them personally rather than from the estate
  3. 3 Whether the opponents' conduct in resisting appointment of a professional administrator was unreasonable and obstructive

Ratio Decidendi

The defendants' conduct in opposing appointment of a professional administrator was unsupported by adequate evidence, was obstructive, and constituted hostile litigation within the class identified in Re Estate of Leung Lit; accordingly the unsuccessful defendants must pay costs and the conduct justified an award on an indemnity basis.

Court Disposition

Costs awarded to the Plaintiffs on an indemnity basis; Defendants' submissions that costs be paid from the estate rejected

Orders

  • Costs awarded to the Plaintiffs on an indemnity basis
  • Submissions that costs should be borne by the estate are rejected