CHAN FUK TAI AND OTHERS v. CHAN WAI MING

Parties

Procedural Posture

Originating Summons (administration of Estate) / Interlocutory Directions Hearing; Inquiry Ordered

Legal Issues

1. 1 Whether the defendant is entitled to include specified deductions/expenses in the verified accounts of the estate
2. 2 Whether the defendant must exhibit vouchers/documents and permit inspection to enable audit of accounts
3. 3 Whether the defendant may raise and investigate an alleged conspiracy within this originating summons/inquiry

Ratio Decidendi

The defendant must file a supplemental verified affidavit exhibiting a full, tabulated account (Scott Schedule style) and verify all sums claimed; permit inspection of all relevant documents within specified short timelines; plaintiffs must file an objection affirmation with a schedule of objections after inspection; the interlocutory direction hearing is adjourned pending completion of those steps. The defendant's proposal to investigate an alleged conspiracy is excluded for lack of evidential basis and because it is outside the scope of the originating summons/inquiry. Costs related to this dispute are ordered to follow the outcome of the inquiry (costs order nisi).

Court Disposition

Court directed an interlocutory inquiry into the verified accounts with specific disclosure and timetable directions; refused to permit expansion of inquiry to alleged conspiracy; made costs order nisi that costs follow outcome of inquiry.

Orders

• Defendant to file and serve within 14 days a supplemental affirmation exhibiting and verifying a full account of the estate in schedule form (Scott Schedule style)
• Defendant to permit inspection within 14 days thereafter of all relevant documents in his possession or power relating to his claims for payment out of the estate