WONG ZHONG LAN XIANG AND OTHERS v. FRANK WONG AND OTHERS

WONG ZHONG LAN XIANG AND OTHERS v. FRANK WONG AND OTHERS

No special circumstances justified a stay of the grant of letters of administration pending appeal; the prejudice to the successful defendants in depriving them of the fruits of judgment outweighed the plaintiffs' contention about potential wasted costs, particularly given the existence of a caveat and the balance of convenience.

Citation
WONG ZHONG LAN XIANG AND OTHERS v. FRANK WONG AND OTHERS
Parties
1st Plaintiff: WONG ZHONG LAN-XIANG (nee ZHONG LAN-XIANG); 2nd Plaintiff: WANG HUI-HONG; 3rd Plaintiff: WANG GUO-XING; 4th Plaintiff: WANG XIAO-HONG; 5th Plaintiff: WANG GUO-QIANG; 1st Defendant: FRANK WONG otherwise known as KAI KOCK WONG, the executor of the last Will of SHEE HOM WONG; 5th Defendant: FRANK WONG otherwise known as KAI KOCK WONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2002
Case Number
HCAP900002/1995
Procedural Posture
Probate Action / Post Judgment Application for Stay Pending Appeal
Outcome
Application for stay of grant of letters of administration refused.
Legal Topics
Letters of Administration, Stay Pending Appeal, Caveat, Grant of Administration, Costs of Application
Source Language
EN
Probate Law Civil Procedure Appeals Costs Letters of Administration Stay Pending Appeal Caveat Grant of Administration +1 more

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Parties

WONG ZHONG LAN-XIANG (nee ZHONG LAN-XIANG)

1st Plaintiff

WANG HUI-HONG

2nd Plaintiff

WANG GUO-XING

3rd Plaintiff

WANG XIAO-HONG

4th Plaintiff

WANG GUO-QIANG

5th Plaintiff

FRANK WONG otherwise known as KAI KOCK WONG, the executor of the last Will of SHEE HOM WONG

1st Defendant

FRANK WONG otherwise known as KAI KOCK WONG

5th Defendant

Procedural Posture

Probate Action / Post Judgment Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to stay the grant of letters of administration pending appeal
  2. 2 Whether special circumstances exist to deprive a successful party of the fruits of judgment
  3. 3 Balance of prejudice to parties and risk of wasted costs

Ratio Decidendi

No special circumstances justified a stay of the grant of letters of administration pending appeal; the prejudice to the successful defendants in depriving them of the fruits of judgment outweighed the plaintiffs' contention about potential wasted costs, particularly given the existence of a caveat and the balance of convenience.

Court Disposition

Application for stay of grant of letters of administration refused.

Orders

  • Application for stay refused.
  • Plaintiffs to pay the costs of this application to the Defendants to be taxed if not agreed.