LYYC v. CHL and CSMS, the Executrices of the Estate of CGSK also known as CSKG, Deceased

LYYC v. CHL and CSMS, the Executrices of the Estate of CGSK also known as CSKG, Deceased

The court held that a party may apply for a further interim order under section 7 Cap 481 notwithstanding an earlier consent order providing interim litigation funding; section 7 is wide enough to permit an interim lump sum; the applicant's immediate need and merits threshold were not shown to have diminished since the earlier interim order; accordingly a further interim lump sum for litigation funding was granted in part (HKD 3,350,000) with ancillary costs directions, and the court confirmed it had no power to vary or dismiss the Consent Order under Cap 481 s8.

Citation
[2022] HKCFI 1431
Parties
Applicant: LYYC; Respondents: CHL and CSMS, Executrices of the Estate of CGSK, Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 2022
Case Number
HCMP683/2021
Procedural Posture
Application Under Inheritance (provisions for Family and Dependents) Ordinance (cap 481) / Interim Application for Litigation Funding Pre Trial (chambers Decision)
Outcome
Further interim order granted in part; Estate ordered to pay specified lump sum for litigation funding; costs allocated as detailed; orders nisi
Legal Topics
Interim Orders, Litigation Funding, Variation of Consent Order, Section 7 Cap 481, Maintenance Pending Suit, Orders Nisi
Source Language
EN
Inheritance Law Family Law Civil Procedure Costs and Funding Interim Orders Litigation Funding Variation of Consent Order Section 7 Cap 481 +2 more

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Parties

LYYC

Applicant

CHL and CSMS, Executrices of the Estate of CGSK, Deceased

Respondents

Procedural Posture

Application Under Inheritance (provisions for Family and Dependents) Ordinance (cap 481) / Interim Application for Litigation Funding Pre Trial (chambers Decision)

Legal Issues

  1. 1 Whether the court may grant a further interim order under section 7 Cap 481 where a prior consent order provides for interim litigation funding
  2. 2 Whether section 7 Cap 481 permits an interim lump sum as opposed to only periodical payments
  3. 3 Whether the applicant satisfied the immediate need and merits threshold for a further interim order

Ratio Decidendi

The court held that a party may apply for a further interim order under section 7 Cap 481 notwithstanding an earlier consent order providing interim litigation funding; section 7 is wide enough to permit an interim lump sum; the applicant's immediate need and merits threshold were not shown to have diminished since the earlier interim order; accordingly a further interim lump sum for litigation funding was granted in part (HKD 3,350,000) with ancillary costs directions, and the court confirmed it had no power to vary or dismiss the Consent Order under Cap 481 s8.

Court Disposition

Further interim order granted in part; Estate ordered to pay specified lump sum for litigation funding; costs allocated as detailed; orders nisi

Orders

  • Estate to pay HKD 3,350,000 to the Applicant on or before 1 September 2022 to cover litigation funding for the Trial until determination of the originating summons
  • Continuation of the monthly HKD 38,000 litigation funding payment under the Consent Order pending Trial as previously ordered