Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of professional administrator

Legal area

Court

14 Sept 2023

HON KWOK WAI, the administrator of the Estate of LAI SHU KUEN, deceased v. HON MAN WAI ANGELA, the administrator of the Estate of LAI SHU KUEN, deceased

Citation

[2023] HKCFI 2330
Court

Court of First Instance
Case number

HCMP1916/2022

Plaintiff had substantially obtained the principal relief sought (removal of the defendant); the defendant's occupation of the property was unreasonable and for her own benefit; accordingly the defendant must personally pay 70% of the plaintiff's costs on an indemnity basis, with the estate to indemnify those costs if not recovered from the defendant, and the plaintiff's costs are summarily assessed at HKD 450000.
22 Feb 2023

LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

Citation

[2023] HKCFI 530
Court

Court of First Instance
Case number

HCMP1014/2021

The defendants' conduct in opposing appointment of a professional administrator was unsupported by adequate evidence, was obstructive, and constituted hostile litigation within the class identified in Re Estate of Leung Lit; accordingly the unsuccessful defendants must pay costs and the conduct justified an award on an indemnity basis.
5 Dec 2022

LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

Citation

[2022] HKCFI 3653
Court

Court of First Instance
Case number

HCMP1014/2021

There were reasonable grounds for forensic investigation into the Subject Assets (the GTE Sum and the Rainbow Rich loan) given conflicting explanations, incomplete documentary support and accounting entries; forensic accounting expertise was required; accordingly the court removed the existing administrators and appointed Derek Lai and Guy Norman of Deloitte (as professional administrators) to investigate and administer the estate, with costs reserved.
5 Oct 2022

LI CHOI PING AND ANOTHER v. XIE YANXIAN (as administrator of the estate of Li Hon Yuen)

Citation

[2022] HKCFI 3042
Court

Court of First Instance
Case number

HCMP1000/2021

The court removed the defendant as administratrix because the due and proper administration of the Estate and the interests of the beneficiaries required it: the defendant had put herself in a clear position of serious conflict of interest as an alleged creditor of a substantial portion of the Estate, had failed to account properly and had fostered breakdown of relations and secrecy that placed administration at a standstill; an independent professional administrator (Mr Tam) was appointed as replacement and costs were ordered against the defendant.
8 Aug 2019

LEE GOO LYNETTE SIU YIN AND OTHERS v. CHEUNG WAI MING DAISY in her capacity as executor of the estate of LI SING KUI AND OTHERS

Citation

[2019] HKCFI 1957
Court

Court of First Instance
Case number

HCMP1836/2017

Daisy was not found to have acted so oppressively or egregiously as to merit indemnity costs; accordingly Daisy must pay personally 40% of plaintiffs' costs of the Removal Application (up to and including judgment and drawing of order) on party-and-party basis with certificate for two counsel, D2/D3 (Pak Huen) to pay 5% personally on party-and-party basis, D4–D7 no order as to costs between them and the plaintiffs, costs of adjourned applications reserved, and costs incidental to appointment of independent administrator to be paid from the estate.
26 Apr 2019

LEE GOO LYNETTE SIU YIN AND OTHERS v. CHEUNG WAI MING DAISY in her capacity as executor of the estate of LI SING KUI AND OTHERS

Citation

[2019] HKCFI 1086
Court

Court of First Instance
Case number

HCMP1836/2017

The court removed the executrix because due and proper administration and the interests of beneficiaries required replacement: there was unjustified delay in providing proper estate accounts and distributions, failure to produce supporting documents, an established conflict of interest from the executrix residing in and benefiting from the Family Property combined with inconsistent and non‑proactive administration, and concerns about suitability given the complexity and size of the estate; consequently an independent professional administrator was ordered and sales/account applications were a…
6 Jul 2018

LEUNG WING HONG v. LEUNG YIU CHO, THE ADMINISTRATOR OF THE ESTATE OF LEUNG KAM WAH, THE DECEASED

Citation

[2018] HKCFI 1486
Court

Court of First Instance
Case number

HCMP1473/2014

The Court appointed Mr Alfred Ip as independent administrator because he had more relevant estate administration experience and offered a voluntary fee cap; the costs and fees for preparation of the Inventory are part of administration costs and therefore borne by the Estate; defendant's unexplained failure to comply with the prior order and the resulting delay justified an order that defendant personally pay plaintiff's costs of restoring the originating summons on an indemnity basis; the Order 45 summons was unnecessary in the circumstances and its costs were ordered to follow the event (pl…
19 Jul 2017

CHAN YU HONG v. CHAN KAM HONG AND OTHERS

Citation

CHAN YU HONG v. CHAN KAM HONG AND OTHERS
Court

Court of First Instance
Case number

HCMP888/2013

The court removed the 1st defendant because there was unjustifiable and substantial delay in administering and selling significant estate land, failure to render proper accounts, apparent conflict of interest and lack of necessary competence, combined with breakdown of trust and majority beneficiary support; the estate's size justified appointment of an independent professional administrator subject to the statutory remuneration cap and evidence of insurance.
8 Mar 2017

MAK MEI KI ANGELA v. CHAN WAI FONG AND ANOTHER

Citation

MAK MEI KI ANGELA v. CHAN WAI FONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1894/2016

The administrators had, for ten years after grant, failed to fully administer the estate, failed to furnish accounts and failed to participate in proceedings; this conduct endangered due and proper administration and beneficiaries' interests, and there was a real risk of continued non-cooperation, therefore the grant was revoked, the administrators removed, accounts ordered, and a professional administrator appointed to secure proper administration; costs were awarded personally on an indemnity basis.
17 Jan 2017

CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS

Citation

CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS
Court

Court of First Instance
Case number

HCMP797/2016

Madam Chow and Madam Chau were removed as administratrices because the court was satisfied that removal was necessary for the due and proper administration of the estate and beneficiaries' interests: Madam Chow had misappropriated or permitted conversion of estate funds for personal use, repeatedly breached court orders and undertakings and failed to render a proper and accurate account as ordered; Madam Chau was removed for non‑participation. The court appointed Mr Ip Woon Shun as replacement administrator and refused Madam Chow's applications to adduce new evidence and to cross‑examine the…