RE SIU YING HUNG

RE SIU YING HUNG

The applicant adopted the wrong procedure by issuing a separate non-contentious probate application instead of bringing a summons under NCPR r.25(2) to resolve disputes between co-executors; further, the Notice of Appointment failed to state the directions sought; these defects rendered the application improper and a waste of the client's costs, justifying provisional denial of the solicitor's recovery of costs and a show-cause hearing.

Citation
RE SIU YING HUNG
Parties
Applicant (one of Three Executors Named in the Will): Applicant; Deceased: Siu Ying Hung; Co Applicants/respondents in Earlier Application: Other two executors in HCAG 2436/09
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2010
Case Number
HCAG12472/2009
Procedural Posture
Non Contentious Probate Application / Directions Hearing; Leave to Withdraw Granted; Costs Show Cause Hearing Scheduled
Outcome
Leave to withdraw the non-contentious probate application granted; the solicitor was directed to attend to show cause why she should not be deprived of costs; costs of the Notice of Appointment waived; further directions hearing fixed.
Legal Topics
Costs, Joinder, Consolidation, Procedure, Notice of Appointment, Wasted Costs
Source Language
EN
Probate Civil Procedure Non Contentious Probate Rules Costs Joinder Consolidation Procedure Notice of Appointment +1 more

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Parties

Applicant

Applicant (one of Three Executors Named in the Will)

Siu Ying Hung

Deceased

Other two executors in HCAG 2436/09

Co Applicants/respondents in Earlier Application

Procedural Posture

Non Contentious Probate Application / Directions Hearing; Leave to Withdraw Granted; Costs Show Cause Hearing Scheduled

Legal Issues

  1. 1 Whether the applicant should have brought a summons under NCPR r.25(2) rather than issuing a separate non-contentious probate application
  2. 2 Whether a solicitor may recover costs from a client for a non-contentious probate application found to be improperly issued
  3. 3 Whether multiple applications for the same estate are appropriate and what procedure governs such disputes

Ratio Decidendi

The applicant adopted the wrong procedure by issuing a separate non-contentious probate application instead of bringing a summons under NCPR r.25(2) to resolve disputes between co-executors; further, the Notice of Appointment failed to state the directions sought; these defects rendered the application improper and a waste of the client's costs, justifying provisional denial of the solicitor's recovery of costs and a show-cause hearing.

Court Disposition

Leave to withdraw the non-contentious probate application granted; the solicitor was directed to attend to show cause why she should not be deprived of costs; costs of the Notice of Appointment waived; further directions hearing fixed.

Orders

  • Leave to withdraw the application granted
  • Ms. L. Yau to attend on 2 February 2010 at 11:00 with 30 minutes reserved to show cause why she should not be deprived of costs in respect of the present Application