RE LOO CHE CHIN

RE LOO CHE CHIN

The opposition by Clive was hostile and therefore falls within the category where costs are payable personally by the losing beneficiary; however, because Janet had pursued and later abandoned a separate guarantee application, her recoverable costs are reduced by 10%; the engagement of two counsel is not justified but a certificate for senior counsel is warranted; accordingly Clive must pay 90% of Janet's costs on a party and party basis, taxed if not agreed.

Citation
RE LOO CHE CHIN
Parties
Caveator/applicant: Janet; Respondent: Clive
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2013
Case Number
HCCA3131/2011
Procedural Posture
Non Contentious Probate Rule 44 (cap 10 A) / Costs Decision (handing Down Decision on Costs)
Outcome
Clive ordered to pay Janet 90% of her costs personally.
Legal Topics
Passing Over Application, Hostile Beneficiary Litigation, Costs Follow the Event, Party and Party Taxation, Senior Counsel Certificate, Abandoned Interlocutory Application
Source Language
EN
Probate Civil Procedure Costs Passing Over Application Hostile Beneficiary Litigation Costs Follow the Event Party and Party Taxation Senior Counsel Certificate +1 more

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Parties

Janet

Caveator/applicant

Clive

Respondent

Procedural Posture

Non Contentious Probate Rule 44 (cap 10 A) / Costs Decision (handing Down Decision on Costs)

Legal Issues

  1. 1 Whether costs should be borne by the estate or personally by the losing party
  2. 2 Whether the respondent's opposition was hostile and falls into the third category in Re Buckton
  3. 3 Whether costs should be reduced for the abandoned guarantee application

Ratio Decidendi

The opposition by Clive was hostile and therefore falls within the category where costs are payable personally by the losing beneficiary; however, because Janet had pursued and later abandoned a separate guarantee application, her recoverable costs are reduced by 10%; the engagement of two counsel is not justified but a certificate for senior counsel is warranted; accordingly Clive must pay 90% of Janet's costs on a party and party basis, taxed if not agreed.

Court Disposition

Clive ordered to pay Janet 90% of her costs personally.

Orders

  • Clive do pay Janet 90% of her costs of the proceedings, including all costs reserved and the costs of the written submissions on costs, with a certificate for senior counsel, to be taxed on a party and party basis if not agreed.
  • A 10% reduction in recoverable costs is applied to reflect costs wasted by the abandoned guarantee application.