CHAN OI KWAN, one of the beneficiaries of the Estate of CHAN YUEN, deceased v CHAN FU WING, he administrator of the Estate of CHAN YUEN, deceased

CHAN OI KWAN, one of the beneficiaries of the Estate of CHAN YUEN, deceased v CHAN FU WING, he administrator of the Estate of CHAN YUEN, deceased

Leave to appeal was refused because the judge’s costs decision was within lawful discretion: the judge applied the correct principles (global and itemised assessment), substantially reduced the claimed costs, addressed specific items complained of, and the applicant failed to demonstrate any error of law, failure to exercise discretion or a reasonable prospect of success on appeal.

Citation
[2022] HKCFI 3603
Parties
Plaintiff – One of the Beneficiaries of the Estate of CHAN YUEN (deceased): CHAN OI KWAN (陳愛群); Defendant – Administrator of the Estate of CHAN YUEN (deceased): CHAN FU WING (陳富榮)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2022
Case Number
HCMP2211/2019
Procedural Posture
Probate and Administration (section 33, Probate and Administration Ordinance) – Originating Summons / Application for Leave to Appeal Against Summary Assessment of Costs (summons Dated 8 June 2022)
Outcome
Summons refused. Leave to appeal denied.
Legal Topics
Summary Assessment of Costs, Proportionality and Necessity, Leave to Appeal, Exercise of Judicial Discretion, Assessment of Solicitor Vs Counsel Fees
Source Language
EN
Probate and Administration Civil Procedure Costs Appeal Summary Assessment of Costs Proportionality and Necessity Leave to Appeal Exercise of Judicial Discretion +1 more

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Parties

CHAN OI KWAN (陳愛群)

Plaintiff – One of the Beneficiaries of the Estate of CHAN YUEN (deceased)

CHAN FU WING (陳富榮)

Defendant – Administrator of the Estate of CHAN YUEN (deceased)

Procedural Posture

Probate and Administration (section 33, Probate and Administration Ordinance) – Originating Summons / Application for Leave to Appeal Against Summary Assessment of Costs (summons Dated 8 June 2022)

Legal Issues

  1. 1 Whether leave to appeal should be granted (whether there is a reasonable prospect of success)
  2. 2 Whether the judge erred in law by allowing a global costs sum that was disproportionate and by failing to apply the two‑stage test from Poon Shu Fan/Lownds
  3. 3 Whether the judge failed to consider reasonableness of individual items (Items C, D1, D2) in a summary assessment

Ratio Decidendi

Leave to appeal was refused because the judge’s costs decision was within lawful discretion: the judge applied the correct principles (global and itemised assessment), substantially reduced the claimed costs, addressed specific items complained of, and the applicant failed to demonstrate any error of law, failure to exercise discretion or a reasonable prospect of success on appeal.

Court Disposition

Summons refused. Leave to appeal denied.

Orders

  • Leave to appeal refused
  • Costs of this application to be borne by the Plaintiff, to be taxed if not agreed