Chan Hung Kit v. Tung Lai Shan

Read the full judgment text of HCCA 4712/2020 on BabelCite. This HCCA judgment was delivered on 20 February 2023.

1. I refer to my decision handed down on 1 February 2023 [1] and the costs order made therein.

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Case No.HCCA 4712/2020[2023] HKCFI 456
Court
HCCA
Date20 Feb 2023
Judge
Case Document
100%Judiciary

HCCA 4712/2020

[2023] HKCFI 456

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CAVEAT NO 4712 OF 2020

__________________

 

IN THE ESTATE OF MA CHAU NGAN (馬秋雁) late of Flat A, 18th Floor, Yukon Court, 2 Conduit Road, Hong Kong, married woman, deceased (“the Deceased”)

 

and

 

IN THE MATTER of Rule 44 of the Non-Contentious Probate Rules (Cap. 10A)

BETWEEN    
CHAN HUNG KIT (陳鴻傑) Caveator
AND
TUNG LAI SHAN Person Warning

__________________

Before: Hon K Yeung J in Chambers
Dates of Statement of Costs and Reply by the Person Warning: 2 and 14 February 2023
Date of List of Objections by the Caveator: 9 February2023
Date of Decision on Costs: 20 February 2023

____________________

DECISION ON COSTS

____________________

1.I refer to my decision handed down on 1 February 2023[1] and the costs order made therein.

2.I have now considered the Statement of Costs since filed by the PW, the List of Objections by the Caveator, and the Reply by the PW.

3.If all the objections made by the Caveator were upheld, the net costs would only be HK$42,950.  That amount is in my view entirely unrealistic.

4.On the other hand, I accept the objections that part of the costs incurred on the Summons can be re-used despite leave having been granted to the Caveator to rely on the affirmation of Cheng Ka Wai.  The conduct of PW’s case would not be fundamentally changed thereby.

5.Specifically in respect of counsel fees, the brief for the Summons would not all be wasted, which I assess for this exercise at HK$100,000.  In relation to counsel fee for the Aff Summons, HK$60,000 is in my view too high, given the fact that counsel was otherwise familiar with the facts of the case.  I assess counsel fee for the Aff Summons at HK$25,000.

6.Taking a broad-brush approach, I summarily assess the total costs at HK$280,000.

  (Keith Yeung)
  Judge of the Court of First Instance
  High Court

Statement of Costs and Reply by Ernest Li & Co, for the Person Warning

List of Objections by Kelvin Cheung & Co, for the Caveator

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