KWOK SHUK KUEN MARIA AND ANOTHER v. LI WUN AND ANOTHER

KWOK SHUK KUEN MARIA AND ANOTHER v. LI WUN AND ANOTHER

Plaintiffs entitled to costs of the action on an indemnity basis because they were the successful party and the defendants' case involved deliberate untruthful testimony, wide and groundless allegations, persistence in hopeless defences and unnecessarily voluminous evidence; the doubtful conduct and reasonable...

Source-derived case information.

Citation
KWOK SHUK KUEN MARIA AND ANOTHER v. LI WUN AND ANOTHER
Parties
Plaintiff: Plaintiffs; Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 September 2014
Case Number
HCAP8/2011
Procedural Posture
Will and Probate Litigation / Decision on Costs (post Judgment)
Outcome
Costs awarded to plaintiffs: costs of the action on indemnity basis; costs of the passing over summons to be paid by defendants on party-party basis; costs order nisi made that costs of this decision form part of the costs of the action and be taxed if not agreed on party-party basis.
Legal Topics
Allocation of Costs, Indemnity Costs Vs Party Party Costs, Passing Over Summons, Doubtful Conduct Exception, Reasonable Investigation Exception, Undue Influence, Circumstantial Evidence
Source Language
en
Probate Civil Procedure Costs Estate Administration Evidence Allocation of Costs Indemnity Costs Vs Party Party Costs Passing Over Summons +4 more

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Summary, issues, holding and outcome

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

Procedural Posture

Will and Probate Litigation / Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether costs of the action should be awarded to the plaintiffs and on what basis (indemnity or party-party)
  2. 2 Whether costs should be paid out of the deceased's estate under the doubtful conduct exception
  3. 3 Whether no order as to costs is appropriate under the reasonable investigation exception

Ratio Decidendi

Plaintiffs entitled to costs of the action on an indemnity basis because they were the successful party and the defendants' case involved deliberate untruthful testimony, wide and groundless allegations, persistence in hopeless defences and unnecessarily voluminous evidence; the doubtful conduct and reasonable investigation exceptions did not apply given findings in the judgment and absence of suspicious circumstances. Costs of the passing over summons were unnecessary and should be paid by the defendants on a party-party basis. A costs order nisi is made that costs of and incidental to this decision form part of the costs of the action and be taxed if not agreed on party-party basis.

Court Disposition

Costs awarded to plaintiffs: costs of the action on indemnity basis; costs of the passing over summons to be paid by defendants on party-party basis; costs order nisi made that costs of this decision form part of the costs of the action and be taxed if not agreed on party-party basis.

Orders

  • Costs of the action to be paid by the defendants to the plaintiffs on indemnity basis
  • Costs of the passing over summons to be paid by the defendants on party-party basis