WAN LAI KWAN v. KO LO MAN LAI

WAN LAI KWAN v. KO LO MAN LAI

The court exercised its discretion to vary the nisi costs order: Wan in her personal capacity was ordered to pay Lo's costs in DCCJ 5748/2007; Wan in her capacity as administratrix and personally jointly and severally was ordered to pay the costs of Mrs Ko and Lo in DCCJ 692/2010; costs to be taxed if not agreed with certificate for counsel; Wan's own costs to be taxed in accordance with legal aid regulations; security for costs of HK$100,000 paid into court to be returned to Mrs Ko.

Citation
WAN LAI KWAN v. KO LO MAN LAI
Parties
Plaintiff (dccj 692/2010); Defendant (dccj 5748/2007); Administratrix of the Estate of Leung Tin Sun (deceased): Wan Lai Kwan; 1st Defendant (personal Representative of the Estate of Ko Shan Ling, Deceased): Ko Lo Man Lai; 2nd Defendant (dccj 692/2010); Plaintiff (dccj 5748/2007): Stephen Lo; Deceased (subject of Estate Claimed): Leung Tin Sun; Deceased (subject of Estate Defended by Personal Representative): Ko Shan Ling
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 July 2012
Case Number
DCCJ692/2010
Procedural Posture
Civil Actions Concerning Vacant Possession, Declaration of Estate Interest and Costs / Post Judgment Costs Variation Application (nisi Order Varied)
Outcome
Application to vary nisi costs order granted in part; nisi order varied and other consequential orders made
Legal Topics
Nisi Costs Order, Taxation of Costs, Vacant Possession, Declaration of Estate Interest, Security for Costs, Variation of Costs Order, Correction of Judgment
Source Language
EN
Civil Procedure Property Probate Costs Legal Aid Nisi Costs Order Taxation of Costs Vacant Possession +4 more

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Parties

Wan Lai Kwan

Plaintiff (dccj 692/2010); Defendant (dccj 5748/2007); Administratrix of the Estate of Leung Tin Sun (deceased)

Ko Lo Man Lai

1st Defendant (personal Representative of the Estate of Ko Shan Ling, Deceased)

Stephen Lo

2nd Defendant (dccj 692/2010); Plaintiff (dccj 5748/2007)

Leung Tin Sun

Deceased (subject of Estate Claimed)

Ko Shan Ling

Deceased (subject of Estate Defended by Personal Representative)

Procedural Posture

Civil Actions Concerning Vacant Possession, Declaration of Estate Interest and Costs / Post Judgment Costs Variation Application (nisi Order Varied)

Legal Issues

  1. 1 Whether the nisi costs order should be varied to allocate costs between the two actions
  2. 2 Whether Wan should personally bear costs given her dual roles and absence of other beneficiaries
  3. 3 Whether enforcement of costs is affected by Wan's legal aid status in different capacities

Ratio Decidendi

The court exercised its discretion to vary the nisi costs order: Wan in her personal capacity was ordered to pay Lo's costs in DCCJ 5748/2007; Wan in her capacity as administratrix and personally jointly and severally was ordered to pay the costs of Mrs Ko and Lo in DCCJ 692/2010; costs to be taxed if not agreed with certificate for counsel; Wan's own costs to be taxed in accordance with legal aid regulations; security for costs of HK$100,000 paid into court to be returned to Mrs Ko.

Court Disposition

Application to vary nisi costs order granted in part; nisi order varied and other consequential orders made

Orders

  • Wan in her personal capacity shall pay the costs of Lo in DCCJ 5748/2007 (including any costs reserved).
  • Wan, in her capacity as the administratrix of the estate of Leung and her personal capacity jointly and severally, shall pay the costs of Mrs Ko and Lo in DCCJ 692/2010 (including any costs reserved).