CHAN GORDON v. LEE WAI HING AND ANOTHER

CHAN GORDON v. LEE WAI HING AND ANOTHER

The court awarded the daughter full costs to be met from the father’s estate but limited resort to the estate's cash (bank savings), holding the disputed property excluded from the estate for costs purposes; the administrator was not entitled to indemnity out of the estate because he failed to obtain Beddoe-type authorization, adopted an inappropriate Order 113 procedure, acted unreasonably and placed his firm in conflict, and therefore his costs should not be borne by the estate; the court retained that, as a principle, costs of administration (and any administrator costs properly allowed) rank ahead of claimant costs, but made no indemnity order for the administrator and assessed...

Citation
CHAN GORDON v. LEE WAI HING AND ANOTHER
Parties
Plaintiff / Administrator: CHAN GORDON; Defendant / Daughter: LEE WAI HING; Potential Beneficiary: Wife; Potential Beneficiary: 5th Uncle
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 2011
Case Number
HCMP1596/2008
Procedural Posture
Administration / Proprietary Claim (order 113; Probate Administration) / Costs Hearing Following Judgment on Proprietary Estoppel and Constructive Trust (post Trial Costs Assessment)
Outcome
Costs judgment: daughter awarded full costs to be paid from the father’s estate cash (bank savings); the disputed property declared not part of the estate for costs; administrator not indemnified out of the estate for his own costs; stay of conveyance pending costs settlement; immediate assessment and order relating...
Legal Topics
Proprietary Estoppel, Constructive Trust, Donatio Mortis Causa, Beddoe Order (trustee Indemnity), Order 113 Procedure, Costs Priority, Mediation / ADR
Source Language
EN
Probate and Administration Trusts and Equitable Remedies Civil Procedure Costs and Indemnity Proprietary Estoppel Constructive Trust Donatio Mortis Causa Beddoe Order (trustee Indemnity) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

CHAN GORDON

Plaintiff / Administrator

LEE WAI HING

Defendant / Daughter

Wife

Potential Beneficiary

5th Uncle

Potential Beneficiary

Procedural Posture

Administration / Proprietary Claim (order 113; Probate Administration) / Costs Hearing Following Judgment on Proprietary Estoppel and Constructive Trust (post Trial Costs Assessment)

Legal Issues

  1. 1 Whether the daughter is entitled to full or only 50% of her costs
  2. 2 Whether the administrator's costs should be borne out of the estate
  3. 3 Whether the disputed property forms part of the estate for the purpose of settling costs

Ratio Decidendi

The court awarded the daughter full costs to be met from the father’s estate but limited resort to the estate's cash (bank savings), holding the disputed property excluded from the estate for costs purposes; the administrator was not entitled to indemnity out of the estate because he failed to obtain Beddoe-type authorization, adopted an inappropriate Order 113 procedure, acted unreasonably and placed his firm in conflict, and therefore his costs should not be borne by the estate; the court retained that, as a principle, costs of administration (and any administrator costs properly allowed) rank ahead of claimant costs, but made no indemnity order for the administrator and assessed...

Court Disposition

Costs judgment: daughter awarded full costs to be paid from the father’s estate cash (bank savings); the disputed property declared not part of the estate for costs; administrator not indemnified out of the estate for his own costs; stay of conveyance pending costs settlement; immediate assessment and order relating...

Orders

  • Daughter to provide, within 21 days, an affirmation as to the assets of the father in her possession.
  • There shall be a stay of the order under paragraph 95 of the earlier judgment (requiring the administrator to execute a conveyance of the property to the daughter) pending settlement of costs.