LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER

LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER

The Registrar held the 1st Interrogatories were either irrelevant to the pleaded issues (principally testamentary capacity) or amounted to an impermissible pre-trial cross-examination/fishing exercise; interrogatories directed at unpleaded matters or testing credibility belong to trial cross-examination, not interrogatories, and therefore must be withdrawn/dismissed. Costs follow the event and were assessed against the defendants.

Citation
LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER
Parties
1st Plaintiff: LAU KIN WING KEN; 2nd Plaintiff: LAU LAI HAR; 1st Defendant: DENG YUJIAO; 2nd Defendant: LAU CHI LAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2016
Case Number
HCAP21/2013
Procedural Posture
Probate Action ( Probate Action No 21 of 2013 ) / Interlocutory Application Under Order 26 R.3(2) RHC to Withdraw Interrogatories — Decision by Registrar
Outcome
Application allowed. The 1st Interrogatories are disallowed and ordered withdrawn or dismissed.
Legal Topics
Interrogatories, Testamentary Capacity, Order 26 Rule 3(2) RHC, Pleadings Vs Witness Statements, Case Management, Costs Assessment
Source Language
EN
Probate Civil Procedure Evidence Wills and Succession Costs Interrogatories Testamentary Capacity Order 26 Rule 3(2) RHC +3 more

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Parties

LAU KIN WING KEN

1st Plaintiff

LAU LAI HAR

2nd Plaintiff

DENG YUJIAO

1st Defendant

LAU CHI LAM

2nd Defendant

Procedural Posture

Probate Action ( Probate Action No 21 of 2013 ) / Interlocutory Application Under Order 26 R.3(2) RHC to Withdraw Interrogatories — Decision by Registrar

Legal Issues

  1. 1 Whether the 1st Interrogatories are relevant to the issues in dispute
  2. 2 Whether interrogatories amount to an improper pre-trial cross-examination or fishing expedition
  3. 3 Whether interrogatories are necessary for disposing fairly of the cause or for saving costs under O.26 r.1(1) and r.3(2)

Ratio Decidendi

The Registrar held the 1st Interrogatories were either irrelevant to the pleaded issues (principally testamentary capacity) or amounted to an impermissible pre-trial cross-examination/fishing exercise; interrogatories directed at unpleaded matters or testing credibility belong to trial cross-examination, not interrogatories, and therefore must be withdrawn/dismissed. Costs follow the event and were assessed against the defendants.

Court Disposition

Application allowed. The 1st Interrogatories are disallowed and ordered withdrawn or dismissed.

Orders

  • Defendants shall withdraw the 1st Interrogatories or they be dismissed
  • Defendants to pay costs to Plaintiffs in the sum of HK$65000 within 14 days from the date of this order (costs to follow the event; certificate for counsel allowed)