KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER

KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER

The application to vary the costs order nisi was dismissed and costs awarded to the respondent because ordinary costs principles applied (not the principles for testamentary suits), the applicants pursued a weak and unrealistic case with knowledge of the Will, the respondent made settlement offers, there was no...

Source-derived case information.

Citation
KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER
Parties
Plaintiff in HCA 557/2014; Personal Representative and Respondent in HCMP 2078/2015: Kwan Chi Pun; 1st Defendant in HCA 557/2014; Applicant in HCMP 2078/2015: Lai Hoi Yee; 2nd Defendant in HCA 557/2014: Lai Kam Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2016
Case Number
HCA557/2014
Procedural Posture
Civil Inheritance/family Provision and Related Actions / Post Judgment Application to Vary Costs Order Nisi (costs Variation Application)
Outcome
Application dismissed; costs awarded to respondent Kwan Chi Pun
Legal Topics
Costs Order Variation, Application Under S.4 Inheritance Ordinance, Validity and Effect of Will, Request for Property Transfer, Conduct in Litigation Affecting Costs
Source Language
en
Inheritance (family Provision) Civil Procedure Costs Law Probate/will Disputes Costs Order Variation Application Under S.4 Inheritance Ordinance Validity and Effect of Will Request for Property Transfer +1 more

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Parties

Kwan Chi Pun

Plaintiff in HCA 557/2014; Personal Representative and Respondent in HCMP 2078/2015

Lai Hoi Yee

1st Defendant in HCA 557/2014; Applicant in HCMP 2078/2015

Lai Kam Ming

2nd Defendant in HCA 557/2014

Procedural Posture

Civil Inheritance/family Provision and Related Actions / Post Judgment Application to Vary Costs Order Nisi (costs Variation Application)

Legal Issues

  1. 1 Whether the costs order nisi should be varied to no order as to costs
  2. 2 Whether principles applicable to testamentary suits (Mitchell v Gard) apply in these actions
  3. 3 Whether the applicants pursued a weak case despite knowledge of the Will

Ratio Decidendi

The application to vary the costs order nisi was dismissed and costs awarded to the respondent because ordinary costs principles applied (not the principles for testamentary suits), the applicants pursued a weak and unrealistic case with knowledge of the Will, the respondent made settlement offers, there was no respondent misconduct to justify depriving him of costs, and fairness to the respondent given his loss of earning capacity and the small estate required an award of costs to him.

Court Disposition

Application dismissed; costs awarded to respondent Kwan Chi Pun

Orders

  • Application dismissed with costs to Kwan Chi Pun