Hong Kong Case Law: Decisions & Judgments

Topic

Trustee costs

Legal area

Court

5 May 2023

RE CHU JIARU

Citation

[2023] HKCFI 1177
Court

Court of First Instance
Case number

HCB8394/2020

The court ordered that costs should in general follow the event but, balancing the Bankrupt's success in establishing a bona fide dispute and the Bankrupt's unsatisfactory conduct in the bankruptcy, reduced the Petitioner's costs entitlement to 75% and summarily assessed the Petitioner's costs entitlement at HK$1,800,000 (with 75% being HK$1,350,000); the court ordered trustees' costs be paid from the estate but reimbursed by the Bankrupt after unsecured creditors are paid or on discharge; summary assessment was appropriate given the court's familiarity; no order as to costs on the Petitioner…
10 May 2013

PLTO v. KLK AND ANOTHER

Citation

PLTO v. KLK AND ANOTHER<br>
Court

Court of Appeal
Case number

CACV48/2012

The wife is entitled to two thirds of her costs of the appeal; the Judge's order that trustee's costs below be borne equally by husband and wife on an indemnity basis is not varied (subject to the husband's payment having discharged most of it, leaving only costs of 27 February 2012 outstanding); the wife is solely liable for the Trustee's costs of the appeal on an indemnity basis because she was unsuccessful on the trust assets issue.
13 Nov 2007

FRED LEE v. CHING PO CHEUNG

Citation

FRED LEE v. CHING PO CHEUNG
Court

Court of First Instance
Case number

HCB17353/2002

The trustee failed to conduct reasonable investigation and therefore did not discharge his quasi-judicial obligations; taking a global view of relevant factors, the court disallowed the trustee's costs from the estate, including costs for this application.
13 Nov 2007

FRED LEE v. KO FUNG MING

Citation

FRED LEE v. KO FUNG MING
Court

Court of First Instance
Case number

HCB20609/2002

The trustees failed to show they conducted reasonable investigations and therefore did not discharge their quasi-judicial obligations; because their conduct unnecessarily prolonged the bankruptcy, their costs of the application are disallowed from the estate.
28 Aug 2006

TAIYO KOGYO CO, LTD v. UBS AG AND ANOTHER

Citation

TAIYO KOGYO CO, LTD v. UBS AG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1097/2006

The court found on the evidence that the account was opened and the funds credited for the plaintiff's benefit, declared that the funds currently held in the named UBS account were monies held by Mr Shohei Suto on trust for the plaintiff, and ordered that the defendants' costs be paid out of the funds and taxed on a trustee basis with the bank entitled to deduct its costs before payment to the plaintiff.
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

HCMP4511/2002

The pleaded condition that trustees were 'not to be concerned with' management did not constitute a trust term warranting rectification or restraints; consequently the plaintiff's substantive claims were dismissed except for a specific declaration that one share in Hotung Enterprises Limited then standing in the 1st defendant's name is held on trust for the plaintiff absolutely; costs were awarded against the plaintiff with limited exceptions for Beddoe-protected conduct of the 4th defendant; HCMP 2820/2002 and HCMP 4511/2002 were not permitted to proceed.
11 Jan 2005

WANG DIN SHIN v. NINA KUNG

Citation

WANG DIN SHIN v. NINA KUNG
Court

Court of First Instance
Case number

HCAP8/1999

The Administrators' application was a discrete interlocutory matter and, having succeeded, the Administrators and plaintiff were entitled to costs; an indemnity costs order in favour of the Administrators was appropriate given the defendant's conduct and the need to protect the estate; the Administrators' own costs are payable from the estate on trustee basis.
17 Mar 2004

WAH YING CHEONG CO LTD v. CHAN KWOK PING AND OTHERS

Citation

WAH YING CHEONG CO LTD v. CHAN KWOK PING AND OTHERS
Court

Court of First Instance
Case number

HCMP3059/1997

Summons dismissed as misconceived; costs of the 2nd to 4th Defendants are to be paid out of the proceeds of sale and taxed pursuant to Order 62 Rule 31; the Plaintiff shall bear its own costs incurred after 2 April 2003, while costs incurred prior to that date may be recovered from the trust fund and taxed pursuant to Order 62 Rule 31; no certificate for two counsel required for the 3rd Defendant.