CHAN HUNG KIT v. TUNG LAI SHAN

CHAN HUNG KIT v. TUNG LAI SHAN

The court permitted the late affirmation because the forensic report addressed the central factual issue—authorship of the Transfer Documents—which is critical to the Caveator's allegation; in the interests of justice the court granted leave only on condition of an adjournment and payment of costs, and allowed PW to adduce expert evidence in reply, balancing the lack of explanation for lateness against the high value of the estate and the seriousness of the forgery allegation.

Citation
[2023] HKCFI 317
Parties
Caveator: Caveator; Person Warning / Named Executrix: Person Warning (PW); Deceased: Madam Chau Ngan; Company: Wah Cheong Swallow Trading Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2023
Case Number
HCCA4712/2020
Procedural Posture
Probate and Estate Proceeding — Summons to Remove Caveat and Appoint Executrix (chambers) / Substantive Hearing of Summons With Interlocutory Application for Leave to Adduce Late Expert Evidence (affirmation Summons)
Outcome
Affirmation summons (Aff Summons) allowed conditionally: leave granted to adduce late expert affirmation subject to an adjournment and payment of costs; directions given and PW permitted to file expert evidence in reply.
Legal Topics
Appointment of Executrix, Caveat, Admissibility of Expert Evidence, Handwriting Expert, Adjournment and Costs, Forgery Allegation
Source Language
EN
Probate Estate Administration Civil Procedure Forensic Evidence Forgery Trusts and Succession Appointment of Executrix Caveat +4 more

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Parties

Caveator

Caveator

Person Warning (PW)

Person Warning / Named Executrix

Madam Chau Ngan

Deceased

Wah Cheong Swallow Trading Company Limited

Company

Procedural Posture

Probate and Estate Proceeding — Summons to Remove Caveat and Appoint Executrix (chambers) / Substantive Hearing of Summons With Interlocutory Application for Leave to Adduce Late Expert Evidence (affirmation Summons)

Legal Issues

  1. 1 Whether the caveat should cease and PW be appointed as executrix
  2. 2 Whether the late affirmation (expert evidence by Dr Leung) should be admitted
  3. 3 Whether the forgery allegation concerning the Transfer Documents requires adjournment for expert evidence

Ratio Decidendi

The court permitted the late affirmation because the forensic report addressed the central factual issue—authorship of the Transfer Documents—which is critical to the Caveator's allegation; in the interests of justice the court granted leave only on condition of an adjournment and payment of costs, and allowed PW to adduce expert evidence in reply, balancing the lack of explanation for lateness against the high value of the estate and the seriousness of the forgery allegation.

Court Disposition

Affirmation summons (Aff Summons) allowed conditionally: leave granted to adduce late expert affirmation subject to an adjournment and payment of costs; directions given and PW permitted to file expert evidence in reply.

Orders

  • Affirmation summons allowed
  • Hearing adjourned to permit receipt of expert evidence and consequential directions