CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR

CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR

The judge found Mr Mok acted unreasonably in the conduct of the defence, unnecessarily increasing costs; under Order 62 r6(2) and s53(1) the Court exercised its discretion to order that Mr Mok pay the plaintiff's costs but may only recover 50% from the estate, with the remaining 50% to be borne personally, and that 50% of the trial costs be taxed on an indemnity basis.

Citation
CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR
Parties
Plaintiff: Mr Cheung; Defendant and Administrator of the Estate of the Deceased Madam Lin: Mr Mok; Deceased (estate): Madam Lin
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 October 2009
Case Number
DCCJ2133/2007
Procedural Posture
Civil Estate and Trust Dispute / Post Judgment Costs Determination
Outcome
Defendant ordered to pay plaintiff's costs; recovery from the estate limited to 50%; remaining costs to be borne personally by defendant; 50% of trial costs to be taxed on an indemnity basis.
Legal Topics
Costs Allocation, Personal Representative Liability, Indemnity Costs, Oral Trust, Administration of Estates
Source Language
EN
Civil Procedure Trusts and Equitable Remedies Probate and Estate Administration Costs and Litigation Funding Costs Allocation Personal Representative Liability Indemnity Costs Oral Trust +1 more

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Parties

Mr Cheung

Plaintiff

Mr Mok

Defendant and Administrator of the Estate of the Deceased Madam Lin

Madam Lin

Deceased (estate)

Procedural Posture

Civil Estate and Trust Dispute / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the administrator (Mr Mok) is entitled to recover costs from the estate
  2. 2 Whether the administrator acted unreasonably in defending the proceedings
  3. 3 Whether indemnity costs are appropriate and to what extent

Ratio Decidendi

The judge found Mr Mok acted unreasonably in the conduct of the defence, unnecessarily increasing costs; under Order 62 r6(2) and s53(1) the Court exercised its discretion to order that Mr Mok pay the plaintiff's costs but may only recover 50% from the estate, with the remaining 50% to be borne personally, and that 50% of the trial costs be taxed on an indemnity basis.

Court Disposition

Defendant ordered to pay plaintiff's costs; recovery from the estate limited to 50%; remaining costs to be borne personally by defendant; 50% of trial costs to be taxed on an indemnity basis.

Orders

  • Defendant Mr Mok to pay Plaintiff Mr Cheung's costs of the action with certificate for Counsel
  • Mr Mok entitled to claim only 50% of the costs out of the estate of the deceased Madam Lin