LO STEPHEN v. WAN LAI KWAN

LO STEPHEN v. WAN LAI KWAN

The court varied the nisi costs order because Wan's claim in DCCJ 692/2010 served her practical personal purpose; accordingly Wan was ordered personally to pay costs in DCCJ 5748/2007 and jointly and severally with her capacity as administratrix to pay costs in DCCJ 692/2010, with costs to be taxed if not agreed and Wan's own costs to be taxed in accordance with legal aid regulations.

Citation
LO STEPHEN v. WAN LAI KWAN
Parties
Plaintiff (as Administratrix of the Estate of Leung Tin Sun) in DCCJ 692/2010; Defendant in DCCJ 5748/2007: Wan Lai Kwan; Personal Representative of the Estate of Ko Shan Ling; 1st Defendant in DCCJ 692/2010: Ko Lo Man Lai (Mrs Ko); 2nd Defendant in DCCJ 692/2010; Plaintiff in DCCJ 5748/2007: Stephen Lo
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 July 2012
Case Number
DCCJ5748/2007
Procedural Posture
Civil – Property Dispute and Proprietary Declaration Arising From Deceased Estates; Possession Claim / Post‑judgment Application to Vary a Nisi Costs Order (decision on Costs Variation and Ancillary Matters)
Outcome
Application to vary the nisi costs order granted in part; nisi order varied as set out below and ancillary orders made.
Legal Topics
Vacant Possession, Declaration of Estate Interest, Nisi Costs Order, Variation of Costs Order, Security for Costs, Legal Aid and Taxation of Costs
Source Language
EN
Civil Procedure Property Law Inheritance and Estates Costs and Taxation Vacant Possession Declaration of Estate Interest Nisi Costs Order Variation of Costs Order +2 more

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Parties

Wan Lai Kwan

Plaintiff (as Administratrix of the Estate of Leung Tin Sun) in DCCJ 692/2010; Defendant in DCCJ 5748/2007

Ko Lo Man Lai (Mrs Ko)

Personal Representative of the Estate of Ko Shan Ling; 1st Defendant in DCCJ 692/2010

Stephen Lo

2nd Defendant in DCCJ 692/2010; Plaintiff in DCCJ 5748/2007

Procedural Posture

Civil – Property Dispute and Proprietary Declaration Arising From Deceased Estates; Possession Claim / Post‑judgment Application to Vary a Nisi Costs Order (decision on Costs Variation and Ancillary Matters)

Legal Issues

  1. 1 Whether the nisi costs order should be varied to provide distinct costs orders for the two actions
  2. 2 Whether Wan can be ordered to pay costs in her personal capacity notwithstanding her role as administratrix
  3. 3 Whether the variation sought amounted to impermissible attempt to alter findings and apportionment without appeal

Ratio Decidendi

The court varied the nisi costs order because Wan's claim in DCCJ 692/2010 served her practical personal purpose; accordingly Wan was ordered personally to pay costs in DCCJ 5748/2007 and jointly and severally with her capacity as administratrix to pay costs in DCCJ 692/2010, with costs to be taxed if not agreed and Wan's own costs to be taxed in accordance with legal aid regulations.

Court Disposition

Application to vary the nisi costs order granted in part; nisi order varied as set out below and ancillary orders made.

Orders

  • Wan in her personal capacity shall pay the costs of Lo in DCCJ 5748/2007 (including any costs reserved)
  • Wan in her capacity as administratrix of the estate of Leung Tin Sun and her personal capacity jointly and severally shall pay the costs of Mrs Ko (estate of Ko Shan Ling) and Lo in DCCJ 692/2010 (including any costs reserved)