CHAN SAI LUN HENRY v. CHAN SAI LUNG, SYLVESTER ANN AND ANOTHER

CHAN SAI LUN HENRY v. CHAN SAI LUNG, SYLVESTER ANN AND ANOTHER

The 2nd defendant's applications to set aside the decision, to revoke the grant of probate and related summonses were dismissed as wholly without merit and an abuse of the court's process; prior rulings (including Barnett J's solemn grant and Court of Appeal dismissal) rendered the applications untenable and the court imposed restrictions requiring leave for further applications and appeals.

Citation
CHAN SAI LUN HENRY v. CHAN SAI LUNG, SYLVESTER ANN AND ANOTHER
Parties
Plaintiff (respondent): CHAN SAI LUN, HENRY; 1st Defendant: CHAN SAI LUNG, SYLVESTER; 2nd Defendant (appellant): CHAN WAI WAH, LILY ANN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2000
Case Number
HCAP2/1993
Procedural Posture
Probate and Related Civil Proceedings (possession/writ; Estate Duty) / Chamber Application to Set Aside Decision and Multiple Summonses and Appeals; Heard in Chambers
Outcome
All applications and appeals of the 2nd defendant dismissed as abuse of process with costs awarded to the other parties; further applications and appeals by the 2nd defendant restricted.
Legal Topics
Grant of Probate, Abuse of Process, Setting Aside Judgment, Vexatious Litigant, Leave to Apply, Production of Documents, Stay of Execution, Writ of Possession
Source Language
EN
Probate Civil Procedure Appeals Property Possession Estate Duty Grant of Probate Abuse of Process Setting Aside Judgment +5 more

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Parties

CHAN SAI LUN, HENRY

Plaintiff (respondent)

CHAN SAI LUNG, SYLVESTER

1st Defendant

CHAN WAI WAH, LILY ANN

2nd Defendant (appellant)

Procedural Posture

Probate and Related Civil Proceedings (possession/writ; Estate Duty) / Chamber Application to Set Aside Decision and Multiple Summonses and Appeals; Heard in Chambers

Legal Issues

  1. 1 Whether the decision made in the appellant's absence should be set aside
  2. 2 Whether the application to revoke the grant of probate had any basis
  3. 3 Whether the summonses and appeals constituted an abuse of process and delay tactic

Ratio Decidendi

The 2nd defendant's applications to set aside the decision, to revoke the grant of probate and related summonses were dismissed as wholly without merit and an abuse of the court's process; prior rulings (including Barnett J's solemn grant and Court of Appeal dismissal) rendered the applications untenable and the court imposed restrictions requiring leave for further applications and appeals.

Court Disposition

All applications and appeals of the 2nd defendant dismissed as abuse of process with costs awarded to the other parties; further applications and appeals by the 2nd defendant restricted.

Orders

  • All applications and appeals of Madam Chan dismissed with costs to the other parties.
  • No further application by Madam Chan without the leave of the Master of the High Court.