FOO CHAU HUNG 對 FU SHU WAN (also known as FOO SHU WAN) (符樹雲), the administrator of the estate of Choi Kuk Far, Deceased 及另一人

FOO CHAU HUNG 對 FU SHU WAN (also known as FOO SHU WAN) (符樹雲), the administrator of the estate of Choi Kuk Far, Deceased 及另一人

The court dismissed the 1st Defendant's D1 summons and upheld the original costs order that the costs of the originating summonses be paid by the 1st Defendant personally on an indemnity basis because the Plaintiff was overall successful on the main issue (removal of the 1st Defendant as sole administrator) and the...

Source-derived case information.

Citation
[2025] HKCFI 1400
Parties
Plaintiff: FOO CHAU HUNG; First Defendant / Administrator of the Estates: FU SHU WAN (also known as FOO SHU WAN); Second Defendant: FOO SHU CHUEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2025
Case Number
HCMP1499/2023
Procedural Posture
Estate Administration; Originating Summons / Post Judgment Costs Application (d1 Summons to Vary Costs Order)
Outcome
D1 summons dismissed; original costs order of 17 September 2024 upheld.
Legal Topics
Costs Orders, Indemnity Costs, Removal of Administrator, Pre Litigation Conduct
Source Language
ch
Probate and Administration Civil Procedure Costs and Litigation Funding Costs Orders Indemnity Costs Removal of Administrator Pre Litigation Conduct

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Parties

FOO CHAU HUNG

Plaintiff

FU SHU WAN (also known as FOO SHU WAN)

First Defendant / Administrator of the Estates

FOO SHU CHUEN

Second Defendant

Procedural Posture

Estate Administration; Originating Summons / Post Judgment Costs Application (d1 Summons to Vary Costs Order)

  1. 1 Whether the court should vary the costs order made in the 17 September 2024 judgment
  2. 2 Whether the successful party should be deprived of costs or ordered to pay the unsuccessful party's costs under Elgindata principles
  3. 3 Whether indemnity costs personally against the administrator are appropriate having regard to pre-litigation conduct

Ratio Decidendi

The court dismissed the 1st Defendant's D1 summons and upheld the original costs order that the costs of the originating summonses be paid by the 1st Defendant personally on an indemnity basis because the Plaintiff was overall successful on the main issue (removal of the 1st Defendant as sole administrator) and the 1st Defendant's pre-litigation conduct (breaking an unequivocal promise and secretly obtaining grants) made indemnity costs appropriate; Elgindata principles did not justify depriving the Plaintiff of costs.

Court Disposition

D1 summons dismissed; original costs order of 17 September 2024 upheld.

Orders

  • D1 summons dated 30 September 2024 dismissed.
  • Costs of and occasioned by the Originating Summonses in this action (including all costs reserved, if any) to be paid by the 1st Defendant personally on an indemnity basis to the Plaintiff, to be taxed if not agreed.