Hong Kong Case Law: Decisions & Judgments

Topic

Indemnity from estate

Legal area

Court

12 Feb 2026

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

Citation

[2026] HKCFI 1340
Court

Court of First Instance
Case number

HCAP37/2015

The plaintiffs are entitled to be first indemnified by the estate for costs incurred in successfully opposing probate but the losing defendants must ultimately bear those costs; there is no double recovery because the plaintiffs undertook to return any amounts recovered from the defendants to the estate, and a certificate for two counsel was warranted by the complexity and length of the proceedings.
28 Mar 2024

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

Citation

[2024] HKCFI 924
Court

Court of First Instance
Case number

HCMP1593/2014

Yam J's Order and the ONC Letter must be construed to treat fees charged by DTT staff in this administration as part of the Administrators' costs (not separate disbursements) and therefore subject to the statutory cap in s60 PAO; Master So's tripartite settlement quantified and finally settled the Administrators' party-and-party costs and their own costs so Administrators must reimburse the Estate the excess they have received beyond the amounts quantified in that settlement; net sale proceeds of the Property are HK$44,326,546.27 for s60 PAO; specific reimbursement amounts are ordered accordi…
3 Aug 2023

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of SO KA WING, deceased

Citation

[2023] HKCFI 2000
Court

Court of First Instance
Case number

HCMP500/2023

Defendant unjustifiably withheld documents in breach of his duties as administrator; plaintiffs obtained the substantive relief and are entitled to costs to be paid personally by the defendant; those costs are to be summarily assessed on party and party basis with certificate for counsel and the defendant shall not be indemnified for those costs out of the respective estates.
4 Nov 2020

CHEUK LAI MAU v. CHEUK LAI SHEUNG

Citation

[2020] HKCFI 2813
Court

Court of First Instance
Case number

HCMP2177/2018

The executrix failed to render a clear and proper account and withheld supporting documents and valuation information until proceedings were issued; that conduct amounted to misconduct for costs purposes so she is not entitled to indemnity from the estate for costs relating to the accounting issue; plaintiff was substantially successful on the accounts/valuation issue and is awarded costs, with an apportionment that defendant pay 60% of plaintiff's costs of and occasioned by the Originating Summons; no order as to costs on interim distributions where no party was substantially successful.
29 Jan 2015

TO PUI KUI v. NG KWOK PIU AND OTHERS

Citation

TO PUI KUI v. NG KWOK PIU AND OTHERS
Court

Court of Appeal
Case number

CACV281/2012

Plaintiff must pay the successful defendants costs personally; plaintiff is denied indemnity from the estate because a notional Beddoe order would not have been granted given the family-camp nature of the disputes and the plaintiff's personal interest; a notional Beddoe must be assessed at relevant notional dates without hindsight; 6th defendant's application for leave to the Court of Final Appeal is dismissed for lacking as-of-right valuation, raising new unargued points of no merit and for lack of locus and abuse of process; costs of the 6th defendant's leave application are awarded on an i…
12 Aug 2011

THE OFFICIAL SOLICITOR, EXECUTOR OF THE ESTATE OF SHIU PAK NIN, DECEASED v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

Citation

THE OFFICIAL SOLICITOR, EXECUTOR OF THE ESTATE OF SHIU PAK NIN, DECEASED v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
Court

Court of First Instance
Case number

HCA11070/1998

Under the statutory scheme in force (old s.52A HCO) there is no general jurisdiction to order a non‑party next friend to pay costs; the English Chancery practice imposing primary liability on next friends does not apply in Hong Kong because of the different statutory regime; nevertheless the Court retains an inherent jurisdiction to order costs against a next friend in cases of misconduct, but absent proven misconduct the proper source for defendants' costs is the patient and, after death, the estate; the mental health proceedings court is not the appropriate forum to determine indemnity agai…

Hong Kong Case Law

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of SO KA WING, deceased

CHEUK LAI MAU v. CHEUK LAI SHEUNG

TO PUI KUI v. NG KWOK PIU AND OTHERS

THE OFFICIAL SOLICITOR, EXECUTOR OF THE ESTATE OF SHIU PAK NIN, DECEASED v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS