Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Beddoe order (trustee indemnity)
  • 20 Apr 2011

    CHAN GORDON v. LEE WAI HING AND ANOTHER

    Citation
    CHAN GORDON v. LEE WAI HING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1596/2008

    The court awarded the daughter full costs to be met from the father’s estate but limited resort to the estate's cash (bank savings), holding the disputed property excluded from the estate for costs purposes; the administrator was not entitled to indemnity out of the estate because he failed to obtain Beddoe-type authorization, adopted an inappropriate Order 113 procedure, acted unreasonably and placed his firm in conflict, and therefore his costs should not be borne by the estate; the court retained that, as a principle, costs of administration (and any administrator costs properly allowed) r…