CHAN FUK TAI AND OTHERS v. CHAN WAI MING

CHAN FUK TAI AND OTHERS v. CHAN WAI MING

Court exercised discretion to vary the Costs Order Nisi by applying an issue-based approach: defendant ordered to pay 65% of plaintiffs' costs of the inquiry (excluding separately ordered items); indemnity out of the estate limited because the defendant unreasonably contested certain categories so only 80% of costs ordered against him and his own inquiry costs are indemnifiable; costs of failed recusal application are to be borne personally by the defendant; costs of the adjourned hearing are to be borne by the defendant but indemnified from the estate; summary assessment ordered.

Citation
[2020] HKCFI 2352
Parties
1st Plaintiff: Chan Fuk Tai; 2nd Plaintiff: Chan Choi; 3rd Plaintiff: Chan Lau Ching; 4th Plaintiff: Chan Siu Ho; 5th Plaintiff: Chan Ming Chun; Defendant / Administrator of the Estate: Chan Wai Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2020
Case Number
HCMP3474/2016
Procedural Posture
Miscellaneous Proceedings Estate Administration Inquiry / Costs Variation Hearing and Decision
Outcome
Costs Order Nisi varied in part in favour of the defendant and adjusted as to indemnity and apportionment; costs to be summarily assessed as specified below.
Legal Topics
Indemnity of Personal Representative, Issue Based Costs Allocation, Unless Order Compliance, Recusal Applications, Summary Assessment of Costs, Calderbank/without Prejudice Save as to Costs Offers, Beddoe Principle
Source Language
EN
Trusts and Estates Civil Procedure Costs and Taxation Evidence Administering Estates Indemnity of Personal Representative Issue Based Costs Allocation Unless Order Compliance +4 more

Case Brief

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Chan Fuk Tai

1st Plaintiff

Chan Choi

2nd Plaintiff

Chan Lau Ching

3rd Plaintiff

Chan Siu Ho

4th Plaintiff

Chan Ming Chun

5th Plaintiff

Chan Wai Ming

Defendant / Administrator of the Estate

Procedural Posture

Miscellaneous Proceedings Estate Administration Inquiry / Costs Variation Hearing and Decision

Legal Issues

  1. 1 Whether the Costs Order Nisi should be varied
  2. 2 Whether the defendant is entitled to indemnity from the estate for costs
  3. 3 Allocation of costs between parties by issue/category and time

Ratio Decidendi

Court exercised discretion to vary the Costs Order Nisi by applying an issue-based approach: defendant ordered to pay 65% of plaintiffs' costs of the inquiry (excluding separately ordered items); indemnity out of the estate limited because the defendant unreasonably contested certain categories so only 80% of costs ordered against him and his own inquiry costs are indemnifiable; costs of failed recusal application are to be borne personally by the defendant; costs of the adjourned hearing are to be borne by the defendant but indemnified from the estate; summary assessment ordered.

Court Disposition

Costs Order Nisi varied in part in favour of the defendant and adjusted as to indemnity and apportionment; costs to be summarily assessed as specified below.

Orders

  • Defendant to pay plaintiffs' costs of the defendant's recusal application, with certificate for counsel, to be summarily assessed; these costs and the defendant's own costs in respect of the recusal application to be borne personally by the defendant in full without recourse to or indemnity from the estate.
  • Defendant to pay plaintiffs' costs of and incidental to the hearing before Master Queenie Lau on 23 September 2019, with certificate for counsel, to be summarily assessed; these costs payable to the plaintiffs and the defendant's own costs in the same respect shall be indemnified out of the subject estate in full.