LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

Costs ordered to follow the event: Official Solicitor to have costs of the master and of the appeal up to 4 August 2008; plaintiff to have costs of the Application and the balance of the appeal against the OS; certificates for counsel limited to junior counsel for plaintiff; hearing time on 9 October 2008 apportioned 60% to the Application and 40% to the appeal; plaintiff ordered to pay Mr Cheungs costs; no order between plaintiff, OS and 2nd defendant on costs of submissions on costs; all ordered costs to be paid forthwith and taxed if not agreed.

Citation
LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER
Parties
Plaintiff: Lily Cheung; 1st Defendant: The Official Solicitor; 2nd Defendant: Luk Tung Mei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2008
Case Number
HCMP635/2006
Procedural Posture
Probate and Administration Application for Letters of Administration; Appointment of Administrator / Decision on Costs (court of First Instance)
Outcome
Costs orders made as specified by the Judge of the Court of First Instance
Legal Topics
Letters of Administration, Appointment of Administrator, Striking Out, Stay of Proceedings, Taxation of Costs, Apportionment of Costs, Certificate for Counsel
Source Language
EN
Probate Civil Procedure Costs Letters of Administration Appointment of Administrator Striking Out Stay of Proceedings Taxation of Costs +2 more

Case Brief

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Parties

Lily Cheung

Plaintiff

The Official Solicitor

1st Defendant

Luk Tung Mei

2nd Defendant

Procedural Posture

Probate and Administration Application for Letters of Administration; Appointment of Administrator / Decision on Costs (court of First Instance)

Legal Issues

  1. 1 Whether costs should follow the event for the masters strike out
  2. 2 Allocation of costs of the Application between plaintiff, OS and 2nd defendant
  3. 3 Allocation of costs of the appeal including costs up to 4 August 2008

Ratio Decidendi

Costs ordered to follow the event: Official Solicitor to have costs of the master and of the appeal up to 4 August 2008; plaintiff to have costs of the Application and the balance of the appeal against the OS; certificates for counsel limited to junior counsel for plaintiff; hearing time on 9 October 2008 apportioned 60% to the Application and 40% to the appeal; plaintiff ordered to pay Mr Cheungs costs; no order between plaintiff, OS and 2nd defendant on costs of submissions on costs; all ordered costs to be paid forthwith and taxed if not agreed.

Court Disposition

Costs orders made as specified by the Judge of the Court of First Instance

Orders

  • Official Solicitor to have costs before the master with a certificate for counsel, to be taxed if not agreed
  • Plaintiff to have costs of the Application against the Official Solicitor and the 2nd Defendant, to be taxed if not agreed