CHOW SHAUK YIN AND OTHERS v. CHAU HAU TUNG

CHOW SHAUK YIN AND OTHERS v. CHAU HAU TUNG

The Plaintiffs failed to establish substantive allegations and matters concerning the composition or recovery of estate assets cannot be resolved in these originating summons proceedings by affidavit; however, as beneficiaries they are entitled to further and better particulars and calculations of specified items in the interim account, and the Administrator must provide those particulars within a fixed period; remaining relief is adjourned sine die and costs are to be awarded to the Defendant.

Citation
CHOW SHAUK YIN AND OTHERS v. CHAU HAU TUNG
Parties
Plaintiff/beneficiary: Chow Shauk Yin; Plaintiff/beneficiary: Chau Shuk Man; Plaintiff/beneficiary: Chau Suk Wah; Plaintiff/beneficiary: Chau Shuk Ying Angel; Defendant/administrator: Chau Hau Tung; Entitled Beneficiary/wife of Deceased: Chan Jiu Fung; Deceased: Chau Yu alias Chau Yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 2007
Case Number
HCMP2139/2006
Procedural Posture
Civil Probate and Administration (originating Summons Under Order 85) / Hearing and Ruling (decision Handed Down)
Outcome
Application largely dismissed in principle but granted in part to order further particulars; remaining relief adjourned sine die; costs awarded to Defendant.
Legal Topics
Accounts by Personal Representative, Letters of Administration, Estate Duty, Particulars of Account, Adjournment Sine Die
Source Language
EN
Probate Administration of Estates Equity Civil Procedure Accounts by Personal Representative Letters of Administration Estate Duty Particulars of Account +1 more

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Parties

Chow Shauk Yin

Plaintiff/beneficiary

Chau Shuk Man

Plaintiff/beneficiary

Chau Suk Wah

Plaintiff/beneficiary

Chau Shuk Ying Angel

Plaintiff/beneficiary

Chau Hau Tung

Defendant/administrator

Chan Jiu Fung

Entitled Beneficiary/wife of Deceased

Chau Yu alias Chau Yiu

Deceased

Procedural Posture

Civil Probate and Administration (originating Summons Under Order 85) / Hearing and Ruling (decision Handed Down)

Legal Issues

  1. 1 Whether the administrator must furnish further and better particulars of the interim accounts
  2. 2 Whether disputed assets (gifts, joint accounts, business interest) form part of the estate and can be resolved in these proceedings
  3. 3 Whether the Plaintiffs established misconduct by the administrator warranting replacement or other relief

Ratio Decidendi

The Plaintiffs failed to establish substantive allegations and matters concerning the composition or recovery of estate assets cannot be resolved in these originating summons proceedings by affidavit; however, as beneficiaries they are entitled to further and better particulars and calculations of specified items in the interim account, and the Administrator must provide those particulars within a fixed period; remaining relief is adjourned sine die and costs are to be awarded to the Defendant.

Court Disposition

Application largely dismissed in principle but granted in part to order further particulars; remaining relief adjourned sine die; costs awarded to Defendant.

Orders

  • Defendant to provide further and better particulars within 28 days in respect of items 4(a) and (b), 8 and 9 of the Interim Account dated 5 January 2007, including what, when, where and at what unit price shares were sold and, for shares not disposed of, quantity, unit price and value at the date of the account.
  • Paragraphs 2 to 4 of the Originating Summons adjourned sine die with liberty to restore.