WONG TAT LUN EDDIE AND OTHERS v. WONG CHI HO JIMMY AND OTHERS

WONG TAT LUN EDDIE AND OTHERS v. WONG CHI HO JIMMY AND OTHERS

Leave to appeal was granted in relation to the first ground because the court found there was a reasonable prospect of success on appeal against the first part of the costs order (ordering D1 to pay the plaintiffs' costs up to D1's 2nd affirmation) despite having found delay and deficiencies by D1; the remaining grounds were not considered.

Citation
WONG TAT LUN EDDIE AND OTHERS v. WONG CHI HO JIMMY AND OTHERS
Parties
1st Plaintiff: Wong Tat Lun Eddie; 2nd Plaintiff: Wong Oi Lun; 3rd Plaintiff: Wong Tai Wai David Jasper; 1st Defendant: Wong Chi Ho Jimmy (as the sole executor of the estate of Wong Chung Ming, deceased); 2nd Defendant: Cheung Siu Fung; 3rd Defendant: The Personal Representative(s) of Chan Lau Kong, deceased; 4th Defendant: Wong Man Ha Monica
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2015
Case Number
HCMP2391/2013
Procedural Posture
Probate and Administration Removal of Executor; Costs Dispute / Application for Leave to Appeal Against Costs Order (leave Hearing)
Outcome
Leave to appeal granted in part (only on the first ground concerning the first part of the costs order); other grounds not considered
Legal Topics
Removal of Executor, Costs Orders, Leave to Appeal, Exercise of Judicial Discretion, Civil Justice Reform
Source Language
EN
Probate Civil Procedure Costs Appeal Removal of Executor Costs Orders Leave to Appeal Exercise of Judicial Discretion +1 more

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Parties

Wong Tat Lun Eddie

1st Plaintiff

Wong Oi Lun

2nd Plaintiff

Wong Tai Wai David Jasper

3rd Plaintiff

Wong Chi Ho Jimmy (as the sole executor of the estate of Wong Chung Ming, deceased)

1st Defendant

Cheung Siu Fung

2nd Defendant

The Personal Representative(s) of Chan Lau Kong, deceased

3rd Defendant

Wong Man Ha Monica

4th Defendant

Procedural Posture

Probate and Administration Removal of Executor; Costs Dispute / Application for Leave to Appeal Against Costs Order (leave Hearing)

Legal Issues

  1. 1 Whether the court erred in principle in ordering D1 to pay the unsuccessful plaintiffs' costs for the first period
  2. 2 Whether the court failed to take sufficient account of Order 62 rule 6(2) in making the first part of the costs order
  3. 3 Whether the continuation of the Removal Application should be categorised under the second or third class of cases in Re Buckton for the purpose of costs allocation

Ratio Decidendi

Leave to appeal was granted in relation to the first ground because the court found there was a reasonable prospect of success on appeal against the first part of the costs order (ordering D1 to pay the plaintiffs' costs up to D1's 2nd affirmation) despite having found delay and deficiencies by D1; the remaining grounds were not considered.

Court Disposition

Leave to appeal granted in part (only on the first ground concerning the first part of the costs order); other grounds not considered

Orders

  • Leave to appeal granted on the first ground only (challenge to first part of costs order)
  • Costs of the application to be in the cause of the appeal