WONG LUI v. A, XIABUZHA AND ANOTHER

WONG LUI v. A, XIABUZHA AND ANOTHER

Orders 45(c) and 46 construed together require that, save for the costs of the 16 March 2023 hearing to be borne by the Plaintiff, the balance of the costs of the application are to be dealt with under 45(c) (i.e. paid out of the Estate in the first instance with party liability reserved); on summary assessment the...

Source-derived case information.

Citation
[2023] HKCFI 1532
Parties
Plaintiff: P; Defendants: 1st and 2nd Defendants; Administrators Pendente Lite: Mr Chin Choon Onn (PwC HK); Administrators Pendente Lite: Mr Jong Yat Kit (PwC HK)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2023
Case Number
HCAP18/2021
Procedural Posture
Probate/administration (estate) Civil Costs / Costs Decision / Summary Assessment
Outcome
Costs of the hearing of 16 March 2023 assessed and quantified; no further costs order for this summary assessment; residual costs to be paid out of the Estate in the first instance with party liability reserved.
Legal Topics
Administrators Pendente Lite, Costs Assessment, Summary Assessment, Allocation of Costs, Counsel Fees
Source Language
en
Civil Litigation Probate Costs Administrators Pendente Lite Costs Assessment Summary Assessment Allocation of Costs Counsel Fees

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Parties

P

Plaintiff

1st and 2nd Defendants

Defendants

Mr Chin Choon Onn (PwC HK)

Administrators Pendente Lite

Mr Jong Yat Kit (PwC HK)

Administrators Pendente Lite

Procedural Posture

Probate/administration (estate) Civil Costs / Costs Decision / Summary Assessment

Legal Issues

  1. 1 Whether Order 45(c) was limited to costs incurred after the appointment of administrators pendente lite or covered the balance of costs of the application
  2. 2 Proper allocation of costs of the application between the Plaintiff and the Estate
  3. 3 Quantum of specific cost items and appropriate attribution to the 16 March 2023 hearing

Ratio Decidendi

Orders 45(c) and 46 construed together require that, save for the costs of the 16 March 2023 hearing to be borne by the Plaintiff, the balance of the costs of the application are to be dealt with under 45(c) (i.e. paid out of the Estate in the first instance with party liability reserved); on summary assessment the judge attributed 30% of specified items to the 16 March hearing, assessed items B1/B2 at HK$2,865, Item C at HK$55,000, Items D1–D3 at HK$30,000, counsel fee at HK$120,000, included an item of HK$17,400 and rounded the total assessed cost for the 16 March hearing to HK$163,800, and made no further costs order in respect of the summary assessment.

Court Disposition

Costs of the hearing of 16 March 2023 assessed and quantified; no further costs order for this summary assessment; residual costs to be paid out of the Estate in the first instance with party liability reserved.

Orders

  • Costs of the hearing of 16 March 2023 assessed at HK$163,800 (rounded)
  • No further costs order in respect of this summary assessment