Hong Kong Case Law: Decisions & Judgments

Topic

Beddoe applications

Legal area

Court

23 Feb 2026

CHINACHEM CHARITABLE FOUNDATION LTD v. THE SECRETARY FOR JUSTICE AND ANOTHER

Citation

[2026] HKCFI 1129
Court

Court of First Instance
Case number

HCMP93/2023

The Reimbursement Application is dismissed because the Foundation lacks locus to invoke Order 85 for a post‑hoc indemnity, there is no free‑standing entitlement to indemnity from the estate in these contentious probate circumstances (no applicable exceptions), the Costs Order is final and the application is barred by Henderson v Henderson and functus officio, and in any event the application is an abuse of process and the court would refuse relief in exercise of its discretion given long delay, lack of necessity (donations and recoveries cover costs) and collateral purposes to bolster solvenc…
30 Mar 2023

NG KIN YUEN, Administrator of the estate of LAM TIM STAN also known as LAM TIM alias STAN LAM TIM, deceased v. LAM SIK YING VICTOR AND OTHERS

Citation

[2023] HKCFI 1575
Court

Court of First Instance
Case number

HCMP1924/2020

The court declined to give a neutrality direction for HCA 4713/2001 because that action was dismissed; in contrast, for HCA 894/2011 and HCA 1974/2015 the administrator must actively pursue enforcement of the existing judgment against APH and, if necessary, Victor, because the estate stands to recover substantial assets. Costs ordered against Victor are to be borne by him personally where the proceedings should not have been commenced, while certain costs incurred by Victor in proceedings where he succeeded may be reimbursed by the estate. The court authorised the administrator to engage soli…
21 Apr 2021

李光遠 (LI KWONG YUEN)(as one of the beneficiaries of the Estate of LI YIU LAI, the Deceased) v. 李光達 (LI KWONG TAT) (as the Administrator of the Estate of LI YIU LAI, the Deceased)

Citation

[2021] HKCFI 1088
Court

Court of First Instance
Case number

HCMP2183/2018

The summons for payment into court under Order 22 r2 was misconceived and without merit; the Calderbank letter did not limit plaintiff's liability for subsequent costs; the defendant properly defended the administration and is entitled to costs on trustee basis to be paid from the estate, while the plaintiff must pay party-and-party costs; quantum is assessed as HK$400,000 on trustee basis (to be borne by the estate) with HK$200,000 of those costs payable by the plaintiff on party-and-party basis.
24 Aug 2015

CHINACHEM CHARITABLE FOUNDATION LTD v. THE SECRETARY FOR JUSTICE AND OTHERS

Citation

CHINACHEM CHARITABLE FOUNDATION LTD v. THE SECRETARY FOR JUSTICE AND OTHERS
Court

Court of Final Appeal
Case number

FACV9/2014

The Court exercised its discretion to refuse to order any part of the Foundation's costs of the appeal to be paid out of Nina Wang's estate and to decline to order the Foundation to pay the other parties' costs because enforcing such an order would lead to the Foundation's insolvency and prejudice the administration of the testamentary trusts; the Foundation acted imprudently but not in bad faith.
20 Dec 2012

LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS

Citation

LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS
Court

Court of Appeal
Case number

CACV34/2012

The court held that the deceased's right to enforce the implied undertaking in ancillary relief proceedings survives death and passes to the executors under s20; executors are entitled to appear in the disclosure application to assist the court but must adopt a neutral stance and not actively oppose the beneficiary's application; the Beddoe Order was varied to permit executors to appear neutrally and to be indemnified for costs incurred in that neutral role; the deputy judge's orders requiring the beneficiary to pay the executors' hearing costs were set aside and costs reallocated to the esta…
5 Jun 2006

李漢能 v. 葉慧璣

Citation

李漢能 v. 葉慧璣
Court

Court of First Instance
Case number

HCA2275/2002

Leave to re-amend and to join the executrix was incorrectly granted because the 1st defendant had delivered a comprehensive account on 6 November 2004 rendering the proposed new cause of action futile and because there were no special circumstances to justify a beneficiary suing in his own name; accordingly the appeal is allowed, the re-amendment and joinder are set aside and the Chinese amended statement of claim is struck out, with costs as ordered.
17 Jun 2005

SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD

Citation

SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD
Court

Court of First Instance
Case number

HCMP2820/2002

The pleaded condition that trustees were "not to be concerned with" management was not established as a binding trust condition; the plaintiff's substantive claims were dismissed except for a declaration that one share in Hotung Enterprises Limited held by the 1st defendant is held on trust for the plaintiff absolutely; rectification and injunctions sought were refused; costs were awarded against the plaintiff to the defendants generally, with the 4th defendant's costs to be borne by the plaintiff (taxed party and party and payable out of trust assets subject to taxation on trustee basis) and…
4 Sept 2001

WANG DIN SHIN v. NINA KUNG

Citation

WANG DIN SHIN v. NINA KUNG
Court

Court of Appeal
Case number

CACV1643/2001

The court held it had inherent jurisdiction to order discovery to enable administrators to identify and preserve estate assets and that the judge's order requiring the defendant to answer specified questions and produce documents was within that jurisdiction and a proper exercise of discretion; procedural objections and complaints of oppression or short timetable did not justify interference, therefore the appeal was dismissed.
15 Jul 1999

RE PEREGRINE INVESTMENTS HOLDINGS LTD AND OTHERS

Citation

RE PEREGRINE INVESTMENTS HOLDINGS LTD AND OTHERS
Court

Court of Appeal
Case number

CACV41/1999

The Court of Appeal held the judge had jurisdiction and did not err in directing the Official Receiver to appoint a law costs draftsman to assist in taxation; even if imperfect, the exercise of discretion was within bounds, and the judge was entitled to require bank guarantees as security before ordering high interim payments; the appeal was dismissed and the lower court's directions upheld.