YUEN LING HOI v. YUEN KWAI CHUN, the Executrix of the estate of WONG LAI CHING, deceased AND ANOTHER

YUEN LING HOI v. YUEN KWAI CHUN, the Executrix of the estate of WONG LAI CHING, deceased AND ANOTHER

The court held that the earlier Order had already disposed of costs for the relief identified in paragraphs 8(1) and 8(2) and that the remaining issue was the Outstanding Costs relating to the Default Relief, which the court directed should be determined on paper.

Source-derived case information.

Citation
[2023] HKCFI 3182
Parties
Plaintiff: Plaintiff (retiree over 80); 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2023
Case Number
HCMP95/2022
Procedural Posture
Probate: Report and Account; Removal of Executor; Costs / Costs Determination on Paper After Consent Resolution
Outcome
Costs in respect of relief in paragraphs 8(1) and 8(2) disposed by order; outstanding costs relating to the Default Relief to be determined by the court on paper (decision dated 7 December 2023).
Legal Topics
Costs of Proceedings, Estate Administration, Removal of Executor, Report and Account
Source Language
en
Probate Civil Procedure Costs Costs of Proceedings Estate Administration Removal of Executor Report and Account

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff (retiree over 80)

Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Probate: Report and Account; Removal of Executor; Costs / Costs Determination on Paper After Consent Resolution

Legal Issues

  1. 1 Liability for outstanding costs of the Default Relief
  2. 2 Effect of the consent resolution on allocation of costs
  3. 3 Whether costs already disposed of by earlier order cover the disputed relief

Ratio Decidendi

The court held that the earlier Order had already disposed of costs for the relief identified in paragraphs 8(1) and 8(2) and that the remaining issue was the Outstanding Costs relating to the Default Relief, which the court directed should be determined on paper.

Court Disposition

Costs in respect of relief in paragraphs 8(1) and 8(2) disposed by order; outstanding costs relating to the Default Relief to be determined by the court on paper (decision dated 7 December 2023).

Orders

  • Costs of the relief in paragraphs 8(1) and 8(2) disposed by the existing Order
  • Outstanding Costs relating to the Default Relief to be determined by the court on paper