KWOK CHUN SING v. KWOK SIU MAN VIOLA

KWOK CHUN SING v. KWOK SIU MAN VIOLA

The Court found Diana (as Administratrix) entitled to costs of the Money Claim and that her early sanctioned offer (11 March 2014) was genuine and therefore attracted Order 22 consequences; Yee was ordered to pay Diana's costs of the Money Claim on indemnity basis from 9 April 2014 to 4 January 2015 and 50% of costs...

Source-derived case information.

Citation
[2021] HKCFI 860
Parties
Administratrix of the Estate / Plaintiff (original Action) / Defendant (counterclaim): KWOK SIU MUI, DIANA; 1st Defendant (original Action) / Plaintiff (counterclaim): KWOK SIU YEE; 2nd Defendant (original Action) / Plaintiff (hca 2492/2017): KWOK CHUN SING; Defendant (hca 2492/2017): KWOK SIU MAN, VIOLA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 April 2021
Case Number
HCA2492/2017
Procedural Posture
Civil Litigation (estate Administration, Trust, Money Claim, Defamation, Property Disputes, Costs Variation) / Post Judgment Application to Vary Costs Order Nisi (paper Disposal)
Outcome
Order Nisi varied in part and otherwise confirmed and made final as specified below
Legal Topics
Indemnity Costs, Calderbank/sanctioned Offers, Common Fund Costs, Apportionment of Costs, Beddoe Application, Resulting Trust, Family Arrangement/deed of Family Arrangement
Source Language
en
Civil Procedure Trusts and Estates Property Law Defamation Costs and Costs Procedure Indemnity Costs Calderbank/sanctioned Offers Common Fund Costs +4 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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

KWOK SIU MUI, DIANA

Administratrix of the Estate / Plaintiff (original Action) / Defendant (counterclaim)

KWOK SIU YEE

1st Defendant (original Action) / Plaintiff (counterclaim)

KWOK CHUN SING

2nd Defendant (original Action) / Plaintiff (hca 2492/2017)

KWOK SIU MAN, VIOLA

Defendant (hca 2492/2017)

Procedural Posture

Civil Litigation (estate Administration, Trust, Money Claim, Defamation, Property Disputes, Costs Variation) / Post Judgment Application to Vary Costs Order Nisi (paper Disposal)

Legal Issues

  1. 1 Whether successful party entitled to indemnity costs
  2. 2 Whether sanctioned offers under Order 22 attracted the costs consequences
  3. 3 Whether any offers were genuine or tactical

Ratio Decidendi

The Court found Diana (as Administratrix) entitled to costs of the Money Claim and that her early sanctioned offer (11 March 2014) was genuine and therefore attracted Order 22 consequences; Yee was ordered to pay Diana's costs of the Money Claim on indemnity basis from 9 April 2014 to 4 January 2015 and 50% of costs from 5 January 2015 onward; Sing was liable for 50% of Diana's costs from 5 January 2015 but only on party-and-party basis because Diana's later sanctioned offer linking withdrawal of property claim to settlement was tactical and not a genuine offer under Order 22; D&V's late sanctioned offers in April 2020 did not justify indemnity costs against Sing or for the Defamation...

Court Disposition

Order Nisi varied in part and otherwise confirmed and made final as specified below

Orders

  • Yee to pay Diana's costs (as Administratrix) in the Money Claim: party-and-party from issue of writ until 8 April 2014; indemnity basis from 9 April 2014 until 4 January 2015, with certificate for one counsel
  • From 5 January 2015 until Judgment, Yee to pay 50% of Diana's costs in the Money Claim on indemnity basis, with certificate for one counsel