27 Sept 2019
LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO One of the Proving Executors of the Estate of Lau Heung, Deceased AND ANOTHER
- Citation
- [2019] HKCA 1086
- Court
- Court of Appeal
- Case number
- CACV49/2018
An appellant who unsuccessfully challenged a will at trial and again on appeal must ordinarily bear the costs of the appeal unless the case falls within narrow exceptions (estate-borne litigation caused by the testator/residuary beneficiary or genuinely reasonable grounds to oppose the will). The Plaintiffs' appeal did not fall within those exceptions and the costs order nisi was properly varied: Plaintiffs must pay the defendants' costs of the appeal (to the estate) and the defendants' summons costs are to be payable from the estate on trustee basis; extension of time to apply was granted bu…