KWAN KWAI LIN AND ANOTHER V. YEUNG ON KI

[2025] HKCA 446 Court of Appeal 22 May 2025 • CACV140/2022 • 6 min read

3 cases cited (0 HK, 3 foreign)

Outcome

Appeal allowed

the appeal is allowed for reasons which cannot be attributed to the fault of either party, on the ground that the unsuccessful respondent could have remained neutral, or even conceded the appeal.

Source: [2025] HKCA 446, Court of Appeal, decided 22 May 2025. Read directly from the judgment.

Judges (3)

Anthony Chan Coram Chow Coram Chu Coram

Counsel (4)

Alex To & Co Solicitors Firm Kwok Hei Law Office Firm Billy N P Ma Counsel Plaintiff Deanna Law Counsel Defendant

Parties (3)

Kwan Kwai Lin Plaintiff Kwan Kwai Lin Plaintiff Yeung on Ki Defendant

Case Significance

In Kwan Kwai Lin and Another v. Yeung On Ki [2025] HKCA 446, the Court of Appeal allowed the appeal, holding that the outcome could not be attributed to the fault of either party, since 'the unsuccessful respondent could have remained neutral, or even conceded the appeal.'

Summary

Costs determination following a civil appeal involving an estate dispute. The plaintiff Kwan Kwai Lin, as administrator of the estate of Yeung Ho Wai, had sued the defendant Yeung On Ki. The Court of Appeal summarily assessed the plaintiffs' costs at HK$60,000, finding the time spent by solicitors and counsel's fee to be excessive, with costs to be taxed in accordance with Legal Aid Regulations.

What did the Court of Appeal decide in Kwan Kwai Lin and Another v. Yeung On Ki [2025] HKCA 446?

The Court of Appeal allowed the appeal in Kwan Kwai Lin and Another v. Yeung On Ki [2025] HKCA 446, holding that the outcome could not be attributed to the fault of either party, since 'the unsuccessful respondent could have remained neutral, or even conceded the appeal.'