Fung Shui master Tony Chan will have to bear the majority of costs for his unsuccessful probate battle to claim the multibillion-dollar fortune of the late tycoon Nina Wang.

The High Court ruled Friday Chan must pay about 98 percent of the estimated HK$100 million legal costs incurred by the rival claimant to Wang's fortune, Chinachem Charitable Foundation.

Chan's legal team said their client should pay only half of Chinachem's costs, arguing the foundation ramped up its expenses with unnecessary actions during the trial that ran on for more than eight months.

Justice Johnson Lam said Chan still ought to bear the heaviest burden of costs, because the litigation was founded on a forged will entered by Chan into probate. The judge added Chan also had lied to support his claims to Wang's fortune.

Chan was exempted from having to pay for his rival claimant's use of medical experts and an extra senior council.

Chan's own court costs are estimated at some HK$200 million.

The fallout from Chan's high profile bid for the fortune may be even more costly to him.

After taking note of Chan's testimony at the trial concerning gifts given to him by Nina Wang, the Inland Revenue department is seeking some HK$300 million in back taxes on income, excluding penalties.

On February 2, Justice Lam ruled Chan's will as a forgery. Soon after, Chan was arrested by the Commercial Crime Bureau of the Hong Kong Police, on suspicion of using a false instrument. He was released on HK$5 million bail until the middle of June.

Police are seeking release of the 2006 will for forensic examination, senior assistant director of public prosecutions Richard Turnbull has been quoted as saying.

In his February ruling, Lam wrote that Chan was not a credible witness, adding, "I find he is prepared to say anything to advance his claim in this action."

Chan launched an appeal against Lam's ruling, claiming Lam did not factor in Chan's deep love for Wang.

A hearing date for Chan's appeal has yet to be set.

China Daily

(HK Edition 04/17/2010 page1)