CHAN CHU WA AND ANOTHER v. CHAN CHAU FUNG, the administratrix of the estate of POON SIU CHUN, deceased

CHAN CHU WA AND ANOTHER v. CHAN CHAU FUNG, the administratrix of the estate of POON SIU CHUN, deceased

Because the plaintiffs are pursuing identical interim distribution relief in HCMP 247/2025 and the two other beneficiaries who have an interest are defendants in those proceedings, the court refused to determine further interim distribution in this action; the plaintiffs must pursue the relief in HCMP 247/2025. Accordingly the court made no order on the interim distribution application and no order on the defendant's adjournment summons, with costs reserved.

Citation
[2025] HKCFI 3322
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant/administratrix of the Estate: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2025
Case Number
HCAP8/2024
Procedural Posture
Probate/estate Administration (interim Distribution) / Chambers Directions Hearing on Restored Interim Distribution Application; Interlocutory
Outcome
No order made on the plaintiffs' interim distribution application; no order made on the defendant's adjournment summons; costs reserved pending disposal of HCMP 247/2025.
Legal Topics
Interim Distribution, Stay of Proceedings, Joinder of Parties, Removal of Administratrix, Duplicative Proceedings
Source Language
EN
Probate Estate Administration Civil Procedure Interim Distribution Stay of Proceedings Joinder of Parties Removal of Administratrix Duplicative Proceedings

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

Defendant

Defendant/administratrix of the Estate

Procedural Posture

Probate/estate Administration (interim Distribution) / Chambers Directions Hearing on Restored Interim Distribution Application; Interlocutory

Legal Issues

  1. 1 Whether the interim distribution application should be determined in this action or in HCMP 247/2025
  2. 2 Whether plaintiffs may pursue identical relief in two concurrent proceedings
  3. 3 Whether the court can order distribution affecting persons who are not parties to this action

Ratio Decidendi

Because the plaintiffs are pursuing identical interim distribution relief in HCMP 247/2025 and the two other beneficiaries who have an interest are defendants in those proceedings, the court refused to determine further interim distribution in this action; the plaintiffs must pursue the relief in HCMP 247/2025. Accordingly the court made no order on the interim distribution application and no order on the defendant's adjournment summons, with costs reserved.

Court Disposition

No order made on the plaintiffs' interim distribution application; no order made on the defendant's adjournment summons; costs reserved pending disposal of HCMP 247/2025.

Orders

  • No order on the interim distribution application
  • No order on the defendant's summons dated 16 July 2025