CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, THE ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ANOTHER

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, THE ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ANOTHER

The court ordered consolidation of the High Court Action and the HCMP Action because they raise largely common questions of law and fact, the HCMP should proceed as if begun by writ, existing amended pleadings shall stand as consolidated pleadings with leave to further amend within fixed periods, a case management conference shall be fixed, and costs of the interlocutory summonses and HCMP up to consolidation are reserved due to shared procedural misconceptions and conduct by both parties.

Citation
[2018] HKCFI 429
Parties
Plaintiff (hca 346/2014); First Defendant (hcmp 106/2017): Jen Kit Josephine; Defendant (hca 346/2014); Plaintiff (hcmp 106/2017): Chan Sau Wai Shirley; Second Defendant (hcmp 106/2017): Franklin Yuen Yuen Jen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2018
Case Number
HCMP106/2017
Procedural Posture
Civil (high Court Actions Concerning Probate/admin and Related Claims) / Pre Trial Case Management Hearing on Consolidation/stays and Directions
Outcome
Consolidation ordered; HCMP continued as if begun by writ; consolidated pleadings to stand with leave to amend; case management directions given; costs reserved.
Legal Topics
Consolidation, Stay of Proceedings, Probate Counterclaim, Letters of Administration, Originating Summons Vs Writ, Case Management
Source Language
EN
Civil Procedure Probate and Estate Administration Costs Consolidation Stay of Proceedings Probate Counterclaim Letters of Administration Originating Summons Vs Writ +1 more

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Parties

Jen Kit Josephine

Plaintiff (hca 346/2014); First Defendant (hcmp 106/2017)

Chan Sau Wai Shirley

Defendant (hca 346/2014); Plaintiff (hcmp 106/2017)

Franklin Yuen Yuen Jen

Second Defendant (hcmp 106/2017)

Procedural Posture

Civil (high Court Actions Concerning Probate/admin and Related Claims) / Pre Trial Case Management Hearing on Consolidation/stays and Directions

Legal Issues

  1. 1 Whether the HCMP (probate) action should have been brought as a counterclaim in the existing High Court Action
  2. 2 Whether the HCMP originating summons procedure was appropriate for contested factual issues
  3. 3 Whether the two proceedings should be consolidated or stayed pending determination of the other

Ratio Decidendi

The court ordered consolidation of the High Court Action and the HCMP Action because they raise largely common questions of law and fact, the HCMP should proceed as if begun by writ, existing amended pleadings shall stand as consolidated pleadings with leave to further amend within fixed periods, a case management conference shall be fixed, and costs of the interlocutory summonses and HCMP up to consolidation are reserved due to shared procedural misconceptions and conduct by both parties.

Court Disposition

Consolidation ordered; HCMP continued as if begun by writ; consolidated pleadings to stand with leave to amend; case management directions given; costs reserved.

Orders

  • HCMP Action to be continued as if begun by Writ of Summons
  • High Court Action (HCA 346/2014) and HCMP Action (HCMP 106/2017) consolidated and to be heard together as a single action with Jen Kit Josephine as plaintiff and Chan Sau Wai Shirley as defendant