LAM V LOW AND ORS HC AK CIV 2007-404-005140

LAM V LOW AND ORS HC AK CIV 2007-404-005140

The plaintiff unnecessarily commenced and continued this proceeding instead of consenting to appointment of the Public Trust Office; accordingly no costs are awarded to the plaintiff and indemnity-cost-style awards are made against the plaintiff in favour of the first and second defendants in the amounts shown; indemnity costs are not ordered against the estate.

Citation
openlaw-09ed86c1_a403_487b_b522_f351abc07013.pdf
Parties
Plaintiff: CHARLES YIP-MOU LAM; First Defendant: MUI LAW LOW; Second Defendant: WESTPAC NEW ZEALAND LIMITED; Third Defendant: ZUAN XIAN YE; Fourth Defendant: LIXING XUE; Fifth Defendant: LING XUE
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 February 2009
Procedural Posture
Letters of Administration (estate Administration) / Costs Determination
Outcome
Plaintiff ordered to pay costs to first and second defendants; no costs to plaintiff from estate; indemnity-style awards against plaintiff.
Legal Topics
Letters of Administration, Caveat, Appointment of Administrator, Costs Awards, Indemnity Costs, High Court Rules Application
Succession Probate Estate Administration Civil Procedure Costs Letters of Administration Caveat Appointment of Administrator +3 more

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Parties

CHARLES YIP-MOU LAM

Plaintiff

MUI LAW LOW

First Defendant

WESTPAC NEW ZEALAND LIMITED

Second Defendant

ZUAN XIAN YE

Third Defendant

LIXING XUE

Fourth Defendant

LING XUE

Fifth Defendant

Procedural Posture

Letters of Administration (estate Administration) / Costs Determination

Legal Issues

  1. 1 Whether the plaintiff was entitled to costs from the estate
  2. 2 Whether the plaintiff's proceedings were unnecessary and therefore warranted indemnity costs against him
  3. 3 Whether costs should be paid out of the deceased's estate

Ratio Decidendi

The plaintiff unnecessarily commenced and continued this proceeding instead of consenting to appointment of the Public Trust Office; accordingly no costs are awarded to the plaintiff and indemnity-cost-style awards are made against the plaintiff in favour of the first and second defendants in the amounts shown; indemnity costs are not ordered against the estate.

Court Disposition

Plaintiff ordered to pay costs to first and second defendants; no costs to plaintiff from estate; indemnity-style awards against plaintiff.

Orders

  • Plaintiff pay costs to the first defendant in the sum of $8,264.25
  • Plaintiff pay costs to the second defendant in the sum of $7,466.16