LAU KOON YING MATTHEW as the Executor of the estate of LAU YIU WING, deceased (“the Deceased”) v. LAU TARK WING AND ANOTHER

LAU KOON YING MATTHEW as the Executor of the estate of LAU YIU WING, deceased (“the Deceased”) v. LAU TARK WING AND ANOTHER

The court varied the Order Nisi and, having examined hearing duration and allocation of written submissions, concluded that defendants' success on Ground 1 justified a greater share of the appeal costs; accordingly the plaintiff was ordered to pay 75% of defendants' costs of the appeal (to be taxed if not agreed)...

Source-derived case information.

Citation
[2020] HKCFI 3129
Parties
Plaintiff and Executor of the Estate of LAU YIU Wing, Deceased: LAU KOON YING MATTHEW; 1st Defendant: LAU TARK WING; 2nd Defendant (probate): LAU TARK WING (executor of the estate of TANG MEI HO, deceased); Defendant: WING HING RESOURCES LIMITED; Defendant: CABA RESOURCES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2020
Case Number
HCAP23/2013
Procedural Posture
Consolidated Civil and Probate Appeals Concerning Accounts, Interest and Costs (hcap 23/2013; HCA 2305/2012; HCA 2306/2012) / Application to Vary Costs Order Nisi Following This Court's Appellate Judgment; Paper Disposal
Outcome
Order Nisi varied: Plaintiff to pay increased share of defendants' appeal costs; Master's costs order in relation to 20 December 2017 summons upheld; plaintiff ordered to pay portion of defendants' costs of variation summons.
Legal Topics
Variation of Costs Order, Compound Interest on Judgments, Taking of Accounts, Taxation of Costs, Certificates for Counsel
Source Language
en
Civil Procedure Probate Law Costs Law Appeal Variation of Costs Order Compound Interest on Judgments Taking of Accounts Taxation of Costs +1 more

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Parties

LAU KOON YING MATTHEW

Plaintiff and Executor of the Estate of LAU YIU Wing, Deceased

LAU TARK WING

1st Defendant

LAU TARK WING (executor of the estate of TANG MEI HO, deceased)

2nd Defendant (probate)

WING HING RESOURCES LIMITED

Defendant

CABA RESOURCES LIMITED

Defendant

Procedural Posture

Consolidated Civil and Probate Appeals Concerning Accounts, Interest and Costs (hcap 23/2013; HCA 2305/2012; HCA 2306/2012) / Application to Vary Costs Order Nisi Following This Court's Appellate Judgment; Paper Disposal

Legal Issues

  1. 1 Whether the Order Nisi should be varied to increase the plaintiff's share of defendants' appeal costs
  2. 2 Whether the Master's costs order in relation to the 20 December 2017 summons for taking of account should be disturbed given the Court's finding on compound interest
  3. 3 Whether the plaintiff should pay defendants' costs of the summons to vary the Order Nisi

Ratio Decidendi

The court varied the Order Nisi and, having examined hearing duration and allocation of written submissions, concluded that defendants' success on Ground 1 justified a greater share of the appeal costs; accordingly the plaintiff was ordered to pay 75% of defendants' costs of the appeal (to be taxed if not agreed) with certificate for two counsel. The Master's costs order for the 20 December 2017 summons for taking of account was not disturbed. The plaintiff was ordered to pay 50% of defendants' costs of the summons to vary the Order Nisi, to be taxed if not agreed, with certificate for one counsel.

Court Disposition

Order Nisi varied: Plaintiff to pay increased share of defendants' appeal costs; Master's costs order in relation to 20 December 2017 summons upheld; plaintiff ordered to pay portion of defendants' costs of variation summons.

Orders

  • Plaintiff to pay 75% of defendants' costs of and incidental to the appeal, to be taxed if not agreed, with certificate for two Counsel
  • The Master's costs order awarding costs to the Plaintiff in relation to the summons dated 20 December 2017 for the taking of account is upheld (including hearing on 28 November 2018 and any reserved costs)