LI KA SING, the executor of the Estate of Kong Wing Hong, deceased v. KONG COLIN CHUNG PING AND OTHERS

LI KA SING, the executor of the Estate of Kong Wing Hong, deceased v. KONG COLIN CHUNG PING AND OTHERS

The Direction to hear the Summons and the Originating Summons together was a proper exercise of case management discretion; the 1st and 2nd defendants failed to show a reasonable prospect of success under s14AA(4) or exceptional circumstances warranting appellate intervention; the risk of triggering the No-Contest Clause could be managed by receiving submissions on an expressly without prejudice basis and the court prioritized avoiding unnecessary cost and delay.

Citation
LI KA SING, the executor of the Estate of Kong Wing Hong, deceased v. KONG COLIN CHUNG PING AND OTHERS
Parties
Plaintiff (executor of the Estate of Kong Wing Hong, Deceased): Li Ka Sing; 1st Defendant: Kong Colin Chung Ping; 2nd Defendant: Kong Joanie Chun-Mun; 3rd Defendant: Tam Wai Fong; 4th Defendant: Kong Wing On
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 February 2017
Case Number
HCMP1620/2016
Procedural Posture
Originating Summons (order 85) / Leave to Appeal Against Case Management Decision (interlocutory)
Outcome
Application for leave to appeal dismissed
Legal Topics
No Contest Clause, Striking Out Application, Case Management, Construction of Codicil, Interlocutory Relief
Source Language
EN
Wills and Probate Civil Procedure Appeals Trusts and Estate Administration No Contest Clause Striking Out Application Case Management Construction of Codicil +1 more

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Parties

Li Ka Sing

Plaintiff (executor of the Estate of Kong Wing Hong, Deceased)

Kong Colin Chung Ping

1st Defendant

Kong Joanie Chun-Mun

2nd Defendant

Tam Wai Fong

3rd Defendant

Kong Wing On

4th Defendant

Procedural Posture

Originating Summons (order 85) / Leave to Appeal Against Case Management Decision (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal should be granted against a case management direction to hear a strike-out summons and the originating summons together
  2. 2 Whether the striking out application must be heard prior to the substantive hearing to avoid triggering a No-Contest Clause
  3. 3 Whether participating in the substantive hearing would amount to contesting the will/codicil and trigger the No-Contest Clause

Ratio Decidendi

The Direction to hear the Summons and the Originating Summons together was a proper exercise of case management discretion; the 1st and 2nd defendants failed to show a reasonable prospect of success under s14AA(4) or exceptional circumstances warranting appellate intervention; the risk of triggering the No-Contest Clause could be managed by receiving submissions on an expressly without prejudice basis and the court prioritized avoiding unnecessary cost and delay.

Court Disposition

Application for leave to appeal dismissed

Orders

  • 1st and 2nd defendants shall pay the plaintiff his costs of this application forthwith to be taxed if not agreed