MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

The plaintiffs are entitled to be first indemnified by the estate for costs incurred in successfully opposing probate but the losing defendants must ultimately bear those costs; there is no double recovery because the plaintiffs undertook to return any amounts recovered from the defendants to the estate, and a...

Source-derived case information.

Citation
[2026] HKCFI 1340
Parties
1st Plaintiff: MAK NGUN TAI (麥銀娣); 2nd Plaintiff: MAK LAI PING (麥麗萍); 3rd Plaintiff: MAK MEI WA (麥美華); 1st Defendant: FUNG MING IP (馮明業); 2nd Defendant: MAK NGAN LAI (麥銀麗)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2026
Case Number
HCAP37/2015
Procedural Posture
Probate Action / Post Judgment Costs Determination (costs Summons Heard 12 February 2026)
Outcome
1st defendant's summons in part granted and in part dismissed; plaintiffs' summons for certificate for two counsel granted; prior costs order under paragraphs 77(7) and (8) of the earlier judgment made absolute; parties to be heard on costs quantum.
Legal Topics
Costs Order, Indemnity From Estate, Certificate for Two Counsel, Administrator Pendente Lite, Recoupment of Costs
Source Language
en
Probate Estate Administration Civil Procedure Costs Costs Order Indemnity From Estate Certificate for Two Counsel Administrator Pendente Lite +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MAK NGUN TAI (麥銀娣)

1st Plaintiff

MAK LAI PING (麥麗萍)

2nd Plaintiff

MAK MEI WA (麥美華)

3rd Plaintiff

FUNG MING IP (馮明業)

1st Defendant

MAK NGAN LAI (麥銀麗)

2nd Defendant

Procedural Posture

Probate Action / Post Judgment Costs Determination (costs Summons Heard 12 February 2026)

Legal Issues

  1. 1 Whether the 1st and 2nd defendants should pay plaintiffs' costs on a party-and-party basis
  2. 2 Whether plaintiffs may be first indemnified by the estate for their costs or that entitlement should be displaced
  3. 3 Whether plaintiffs should be granted a certificate for two counsel for costs of the whole action and counterclaim

Ratio Decidendi

The plaintiffs are entitled to be first indemnified by the estate for costs incurred in successfully opposing probate but the losing defendants must ultimately bear those costs; there is no double recovery because the plaintiffs undertook to return any amounts recovered from the defendants to the estate, and a certificate for two counsel was warranted by the complexity and length of the proceedings.

Court Disposition

1st defendant's summons in part granted and in part dismissed; plaintiffs' summons for certificate for two counsel granted; prior costs order under paragraphs 77(7) and (8) of the earlier judgment made absolute; parties to be heard on costs quantum.

Orders

  • Paragraph 1(i) of the 1st defendant's summons granted: the 1st and 2nd defendants shall jointly and severally pay the plaintiffs' costs of the action and the counterclaim (including all reserved costs) on a party and party basis.
  • Paragraph 1(ii) of the 1st defendant's summons dismissed: plaintiffs remain entitled to be first indemnified by the estate for their costs as ordered under paragraphs 77(7) and (8) of the judgment.