CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

An indemnity costs order was appropriate because the Widow withdrew an earlier affirmation and thereby gave rise to a strong inference that the Loan Agreement and Settlement Agreement were not genuine and were used to transfer estate assets out of reach of beneficiaries; the Widow persisted unreasonably in resisting...

Source-derived case information.

Citation
[2026] HKCFI 66
Parties
Applicant/plaintiff: Chan Sun Judy; Respondent/widow/administratrix (removed): Qin Xiao Jian; Respondent/beneficiary: Chan Kwun Shing; Interested Party/defendant: Chen Taocheng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 January 2026
Case Number
HCMP142/2025
Procedural Posture
Probate and Administration; Intestacy; Variation of Costs Order / Decision on Variation Summons and Costs (final Hearing on Variation of Order Nisi)
Outcome
Variation Summons allowed in part; paragraphs (2) and (3) of the Order Nisi varied as set out; costs of the Variation Summons to be borne by the Widow and summarily assessed on indemnity basis
Legal Topics
Indemnity Costs, Orders Nisi, Summary Assessment of Costs, Variation of Costs Orders, Suitability of Administratrix
Source Language
en
Probate Administration of Estates Civil Procedure Costs Indemnity Costs Orders Nisi Summary Assessment of Costs Variation of Costs Orders +1 more

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Parties

Chan Sun Judy

Applicant/plaintiff

Qin Xiao Jian

Respondent/widow/administratrix (removed)

Chan Kwun Shing

Respondent/beneficiary

Chen Taocheng

Interested Party/defendant

Procedural Posture

Probate and Administration; Intestacy; Variation of Costs Order / Decision on Variation Summons and Costs (final Hearing on Variation of Order Nisi)

Legal Issues

  1. 1 Whether paragraphs (2) and (3) of the Order Nisi should be varied to award indemnity costs against the Widow (Qin Xiao Jian)
  2. 2 Whether the Widow's conduct justified an indemnity costs order
  3. 3 Whether the costs of the Variation Summons should be summarily assessed and paid by the Widow

Ratio Decidendi

An indemnity costs order was appropriate because the Widow withdrew an earlier affirmation and thereby gave rise to a strong inference that the Loan Agreement and Settlement Agreement were not genuine and were used to transfer estate assets out of reach of beneficiaries; the Widow persisted unreasonably in resisting the proceedings, causing avoidable costs, and therefore paragraphs (2) and (3) of the Order Nisi were varied to impose indemnity costs against Qin Xiao Jian and to maintain party and party costs against Chan Kwun Shing as specified; costs of the Variation Summons were ordered to be summarily assessed on an indemnity basis.

Court Disposition

Variation Summons allowed in part; paragraphs (2) and (3) of the Order Nisi varied as set out; costs of the Variation Summons to be borne by the Widow and summarily assessed on indemnity basis

Orders

  • Paragraph (2) varied: Subject to paragraph (1) above, Qin Xiao Jian shall bear Judy's costs of the 2396 Proceedings personally, to be taxed on indemnity basis if not agreed.
  • Paragraph (3) varied: Subject to paragraph (1) above, Qin Xiao Jian shall bear Judy's costs of the 142 Proceedings personally, to be taxed on indemnity basis if not agreed, and Chan Kwun Shing shall bear Judy's costs of the 142 Proceedings personally, to be taxed on party and party basis if not agreed.