TSAO CHI CHING v. TSAO LUNG MAY

TSAO CHI CHING v. TSAO LUNG MAY

The Judge properly exercised discretion to refuse an extension of time for appeal because the intended appeal had no real prospect of success: the applicant had majority sibling support and the respondent's claim against the Estate (substantial creditor claim / alleged blank cheque) created a real or perceived...

Source-derived case information.

Citation
TSAO CHI CHING v. TSAO LUNG MAY
Parties
Respondent in This Appeal: Applicant (successful party below); Appellant (respondent Below): Madam Tsao Lung May
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 February 2015
Case Number
CACV132/2013
Procedural Posture
Probate/administration of Estate Appeal / Appeal Against Refusal to Extend Time to Appeal (application for Leave to Appeal Out of Time)
Outcome
Appeal dismissed; refusal to extend time to appeal upheld
Legal Topics
Letters of Administration, Extension of Time to Appeal, Fresh Evidence (ladd V Marshall), Conflict of Interest in Estate Administration, Costs Follow the Event
Source Language
en
Probate Civil Procedure Evidence Appellate Review Letters of Administration Extension of Time to Appeal Fresh Evidence (ladd V Marshall) Conflict of Interest in Estate Administration +1 more

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Summary, issues, holding and outcome

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Parties

Applicant (successful party below)

Respondent in This Appeal

Madam Tsao Lung May

Appellant (respondent Below)

Procedural Posture

Probate/administration of Estate Appeal / Appeal Against Refusal to Extend Time to Appeal (application for Leave to Appeal Out of Time)

Legal Issues

  1. 1 Whether the respondent should be granted leave to appeal out of time
  2. 2 Whether new evidence should be admitted on appeal under Ladd v Marshall criteria
  3. 3 Whether respondent is suitable to be appointed administrator given alleged creditor claim and family disharmony

Ratio Decidendi

The Judge properly exercised discretion to refuse an extension of time for appeal because the intended appeal had no real prospect of success: the applicant had majority sibling support and the respondent's claim against the Estate (substantial creditor claim / alleged blank cheque) created a real or perceived conflict of interest; most fresh evidence was available earlier or irrelevant, so the Ladd v Marshall conditions were not met.

Court Disposition

Appeal dismissed; refusal to extend time to appeal upheld

Orders

  • Respondent's appeal dismissed
  • Respondent to personally pay applicant's costs of this appeal, including costs of respondent's three summonses