RE LMSP

RE LMSP

Thomas, as bona fide applicant whose Part II application resulted in the appointment of an independent committee, is entitled to recover reasonable costs from the Estate; Cheung and Tsun are not entitled to recover costs incurred in unreasonably contesting the medical certificates or filing unnecessary affirmation...

Source-derived case information.

Citation
[2019] HKCFI 2997
Parties
Applicant: Thomas; Interested Family Member: Cheung; Interested Family Member: Tsun; Alleged Mentally Incapacitated Person: LMSP; Court‑appointed Committee for the Estate: Ms Chan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2019
Case Number
HCMH48/2017
Procedural Posture
Part II Application Under the Mental Health Ordinance, Cap. 136 / Costs Hearing / Decision on Costs
Outcome
Costs awarded against the Estate as follows: Applicant Thomas allowed HK$450,000; Cheung allowed HK$80,000; Tsun allowed HK$80,000. The remainder of claimed costs disallowed as excessive or unnecessary.
Legal Topics
Appointment of Committee, Costs in Part II Proceedings, Scope of Committee Powers Over Extraterritorial Assets, Medical Evidence and Expert Appointment
Source Language
en
Mental Health Law Costs Probate and Estates Civil Procedure Appointment of Committee Costs in Part II Proceedings Scope of Committee Powers Over Extraterritorial Assets Medical Evidence and Expert Appointment

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Parties

Thomas

Applicant

Cheung

Interested Family Member

Tsun

Interested Family Member

LMSP

Alleged Mentally Incapacitated Person

Ms Chan

Court‑appointed Committee for the Estate

Procedural Posture

Part II Application Under the Mental Health Ordinance, Cap. 136 / Costs Hearing / Decision on Costs

Legal Issues

  1. 1 Whether the applicant's costs should be borne by the estate
  2. 2 Whether other family members (Cheung and Tsun) are entitled to recover their costs from the estate
  3. 3 Quantum of costs to be allowed

Ratio Decidendi

Thomas, as bona fide applicant whose Part II application resulted in the appointment of an independent committee, is entitled to recover reasonable costs from the Estate; Cheung and Tsun are not entitled to recover costs incurred in unreasonably contesting the medical certificates or filing unnecessary affirmation but are entitled to limited costs for reasonable participation and advice on choice of committee and terms of relief; the claimed amounts were excessive and the court fixed recoverable sums (Thomas HK$450,000; Cheung HK$80,000; Tsun HK$80,000) to be paid from the Estate.

Court Disposition

Costs awarded against the Estate as follows: Applicant Thomas allowed HK$450,000; Cheung allowed HK$80,000; Tsun allowed HK$80,000. The remainder of claimed costs disallowed as excessive or unnecessary.

Orders

  • Applicant (Thomas) is allowed costs of HK$450000 to be paid out of the Estate
  • Cheung is allowed costs of HK$80000 to be paid out of the Estate