WEI PIH STELLA AND ANOTHER v. CHOW SHUN YUNG

WEI PIH STELLA AND ANOTHER v. CHOW SHUN YUNG

The Master was correct: Rule 44(12)(b) applies because an appearance to the warning was entered, so the caveat remained in force; defects in form were irregularities not fatal to the caveat or appearance; consequently the summons was properly dismissed and the appeal is dismissed.

Citation
WEI PIH STELLA AND ANOTHER v. CHOW SHUN YUNG
Parties
1st Caveator: WEI PIH STELLA; 2nd Caveator: ETHEL LEW; Appellant (person Serving Warning to Caveat): CHOW SHUN YUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2000
Case Number
HCCA780/1998
Procedural Posture
Probate Caveat / Appeal From Master's Dismissal of Summons
Outcome
Appeal dismissed.
Legal Topics
Caveat Procedure, Non Contentious Probate Rules (rule 44), Validity of Caveat and Appearance, Form and Procedural Irregularity
Source Language
EN
Probate Civil Procedure Succession and Intestacy Caveat Procedure Non Contentious Probate Rules (rule 44) Validity of Caveat and Appearance Form and Procedural Irregularity

Case Brief

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Parties

WEI PIH STELLA

1st Caveator

ETHEL LEW

2nd Caveator

CHOW SHUN YUNG

Appellant (person Serving Warning to Caveat)

Procedural Posture

Probate Caveat / Appeal From Master's Dismissal of Summons

Legal Issues

  1. 1 Whether Rule 44(4) applies or is displaced by Rule 44(12)(b) when an appearance to a warning has been entered
  2. 2 Whether a caveat filed by two persons in one form is invalid for non-compliance with Rule 44(2)
  3. 3 Whether the appearance to the warning was invalid for failure to disclose conflicting interest or to show cause

Ratio Decidendi

The Master was correct: Rule 44(12)(b) applies because an appearance to the warning was entered, so the caveat remained in force; defects in form were irregularities not fatal to the caveat or appearance; consequently the summons was properly dismissed and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.