CHEUNG PING SUM v. WONG CHI HANG, as administrator of the estate of WONG SUN, deceased

CHEUNG PING SUM v. WONG CHI HANG, as administrator of the estate of WONG SUN, deceased

The court construed s.17(3) of the Legal Aid Ordinance broadly to allow personal costs orders against an aided person where there is impropriety in bringing, defending or conducting proceedings — including deliberate abuse of legal aid through conduct that wastes an opponent's costs or giving false evidence knowingly — and on the facts found the Son had acted improperly so that a costs order nisi making him personally liable was justified.

Citation
[2019] HKCFI 2738
Parties
Plaintiff: Plaintiff; Defendant/respondent and Administrator of Estate: Son
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2019
Case Number
HCMP1490/2016
Procedural Posture
Estate Administration (probate) and Civil Trust/property Proceedings / Final Judgment With Costs Order Nisi and Costs Variation Application
Outcome
The court revoked the letters of administration granted to the Son, made a fresh grant to the Plaintiff, ordered the Son to give a full and proper account of his administration of the estate, and made an order nisi for costs on the basis the Son had acted improperly under the Legal Aid Ordinance.
Legal Topics
Revocation of Letters of Administration, Legal Aid Certificate and Costs Liability (s.17), Impropriety in Litigation, Constructive Trust, Resulting Trust, Proprietary Estoppel, Order Nisi for Costs
Source Language
EN
Probate Legal Aid Civil Procedure Trusts and Equitable Remedies Property Law Costs Revocation of Letters of Administration Legal Aid Certificate and Costs Liability (s.17) +5 more

Case Brief

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Parties

Plaintiff

Plaintiff

Son

Defendant/respondent and Administrator of Estate

Procedural Posture

Estate Administration (probate) and Civil Trust/property Proceedings / Final Judgment With Costs Order Nisi and Costs Variation Application

Legal Issues

  1. 1 Whether the aided Son acted improperly under the Legal Aid Ordinance so as to attract personal costs liability under s.17(3)
  2. 2 Whether obtaining a legal aid certificate by fraud or misrepresentation is required before an aided person can be ordered to pay costs
  3. 3 Whether the Son had contributed to the purchase price of the property and the validity/effect of alleged family arrangements

Ratio Decidendi

The court construed s.17(3) of the Legal Aid Ordinance broadly to allow personal costs orders against an aided person where there is impropriety in bringing, defending or conducting proceedings — including deliberate abuse of legal aid through conduct that wastes an opponent's costs or giving false evidence knowingly — and on the facts found the Son had acted improperly so that a costs order nisi making him personally liable was justified.

Court Disposition

The court revoked the letters of administration granted to the Son, made a fresh grant to the Plaintiff, ordered the Son to give a full and proper account of his administration of the estate, and made an order nisi for costs on the basis the Son had acted improperly under the Legal Aid Ordinance.

Orders

  • Revocation of the Son's letters of administration of the estate
  • Grant of a fresh grant of administration to the Plaintiff