Hong Kong Case Law: Decisions & Judgments

Topic

Costs payable out of estate

Legal area

Court

16 Oct 2023

LAU YUE KUI, THE ADMINISTRATOR OF THE ESTATE OF LAU WAI CHAU, DECEASED AND OTHERS v. PHILIP CHAN & CO (a firm)

Citation

[2023] HKCFI 2673
Court

Court of First Instance
Case number

HCMP593/2007

The court held the two letters of 3 March 2017 were valid sanctioned offers under RHC O.62A which clearly excluded interest; P2-6s failed to beat those offers; accordingly the taxing master shall award interest at 10% above judgment rate on costs after service of the sanctioned offers and award indemnity costs for taxation proceedings after service of the offers unless unjust; pre-certification interest was refused and the court lacked power to change the effective date of certification; costs of the respondent's summons were ordered against the respondent; costs and awarded sums to be paid o…
26 Aug 2022

TAM LAN CHI LORCHE, suing as an Administratrix of the Estate of Tam Kam Fai Francis, deceased v. CHAN SIU MUI

Citation

[2022] HKCFI 2637
Court

Court of First Instance
Case number

HCMP2084/2017

Although the proceedings were conducted in a hostile manner, they were in substance for the benefit of the estate because they sought determination of an issue of interest to the estate arising out of its administration; accordingly the plaintiff’s application to vary the costs order nisi to grant her an indemnity for her costs and her costs liability to the defendant out of the estate was allowed.
24 May 2022

KAN YUK SUM v. KAN YUK SHING

Citation

[2022] HKCFI 1532
Court

Court of First Instance
Case number

HCMP1150/2021

Because the question raised by the plaintiff was one that would have justified an application by the executor and the proceedings benefited the administration of the estate, the court exercised its discretion under established authority (Re Buckton) to order the plaintiff's costs from the date of issue of the originating summons (12 August 2021) to be paid by the Estate on a solicitor and client (trustee) basis; costs to be summarily assessed and paid from the net sale proceeds with timelines for lodging statements and objections.
29 Aug 2013

ANMOL KUMAR SAWLANI v. YESHMA GOBINDRAM SAWLANI

Citation

ANMOL KUMAR SAWLANI v. YESHMA GOBINDRAM SAWLANI
Court

Court of First Instance
Case number

HCA2231/2011

The defendant made a clear offer for the plaintiff to discontinue in return for payment of the plaintiff's party-and-party costs; the plaintiff sought to add terms imposing costs on the estate which the defendant rejected, but that rejection was a refusal of the counter-proposal not a withdrawal of the original offer; the plaintiff failed to beat the offer at the hearing and consequently the court exercised its discretion to order that the costs of the application be borne by the plaintiff on a party-and-party basis to be taxed.
23 Jun 2009

LHY v. LCC AND ANOTHER

Citation

LHY v. LCC AND ANOTHER
Court

Court of First Instance
Case number

HCA2626/2007

The court approved the proposed settlement subject to replacing any reference to solicitors-and-own-client basis with indemnity basis for the committee and ordered that, on the facts and given the 9 December 2005 appointment order, legal expenses incurred in the two actions are recoverable from LHY's estate on an indemnity basis; the court fixed pre-appointment costs for the mother and LCK at specified sums and directed further steps to resolve post-appointment costs and Registrar quantification.
23 Jun 2009

RE LHY

Citation

RE LHY
Court

Court of First Instance
Case number

HCMP869/2005

The court approved the proposed settlement subject to replacing solicitors-and-own-client/common fund references with indemnity basis for costs recoverable from the estate where authorized by the 9 December 2005 order; fixed pre-appointment MHO costs for the mother at HKD 431,371 and for LCK at HKD 483,300; authorized additional payment to the Official Solicitor of HKD 39,600 (in addition to HKD 128,262.13) to be paid from the HKD 19,000,000 settlement, and directed procedural steps for resolving outstanding post-appointment cost issues.
12 May 1987

RICHARD SELLETT AND OTHERS v. GEORGE SELLETT

Citation

RICHARD SELLETT AND OTHERS v. GEORGE SELLETT
Court

Court of First Instance
Case number

HCMP654/1983

The court found the 1st and 3rd applicants acted reasonably and in the respondent's best interests in seeking appointment of a receiver in the United States; accordingly their summons is dismissed by consent but the costs of that application are to be paid out of the respondent's estate because the application was properly made to protect the respondent and his property.

Hong Kong Case Law

LAU YUE KUI, THE ADMINISTRATOR OF THE ESTATE OF LAU WAI CHAU, DECEASED AND OTHERS v. PHILIP CHAN & CO (a firm)

TAM LAN CHI LORCHE, suing as an Administratrix of the Estate of Tam Kam Fai Francis, deceased v. CHAN SIU MUI

KAN YUK SUM v. KAN YUK SHING

ANMOL KUMAR SAWLANI v. YESHMA GOBINDRAM SAWLANI

LHY v. LCC AND ANOTHER

RE LHY

RICHARD SELLETT AND OTHERS v. GEORGE SELLETT