RE HASAN SUNARJO

RE HASAN SUNARJO

The notarial "Inheritance of Right Statement" is not a foreign grant or court order required by Rule 29(a); accordingly the application cannot proceed under Rule 29(a). The court will waive procedural non-compliance for pragmatic reasons but directs the applicant to refile under Rule 29(b) with a confirmation from an Indonesian lawyer on whether a grant is required in Indonesia; the delay is attributable principally to the solicitors' poor conduct rather than the applicant's language or absence, justifying the court's admonition and consideration of depriving solicitors of costs (not enforced because solicitors waived charging).

Citation
RE HASAN SUNARJO
Parties
Deceased: HASAN SUNARJO (aka HASAN SUNARYO)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2010
Case Number
HCAG8381/2006
Procedural Posture
Non Contentious Probate Application for Grant / Ruling (master's in Chambers)
Outcome
Application under Rule 29(a) is unsuitable and not established; procedural non-compliance waived; applicant directed to file a new application under Rule 29(b) with confirmation from an Indonesian lawyer; no costs order made as solicitors waived charging the client.
Legal Topics
Non Contentious Probate Rules, Rule 29(a), Rule 29(b), Foreign Grant Recognition, Professional Conduct of Solicitors, Costs
Source Language
EN
Probate Civil Procedure Conflict of Laws Non Contentious Probate Rules Rule 29(a) Rule 29(b) Foreign Grant Recognition Professional Conduct of Solicitors +1 more

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Parties

HASAN SUNARJO (aka HASAN SUNARYO)

Deceased

Procedural Posture

Non Contentious Probate Application for Grant / Ruling (master's in Chambers)

Legal Issues

  1. 1 Whether the application properly proceeded under Rule 29(a) of the Non-contentious Probate Rules
  2. 2 Whether the document produced is a foreign grant or court order entrusting administration
  3. 3 Whether Rule 29(b) is the appropriate provision if no foreign grant is required

Ratio Decidendi

The notarial "Inheritance of Right Statement" is not a foreign grant or court order required by Rule 29(a); accordingly the application cannot proceed under Rule 29(a). The court will waive procedural non-compliance for pragmatic reasons but directs the applicant to refile under Rule 29(b) with a confirmation from an Indonesian lawyer on whether a grant is required in Indonesia; the delay is attributable principally to the solicitors' poor conduct rather than the applicant's language or absence, justifying the court's admonition and consideration of depriving solicitors of costs (not enforced because solicitors waived charging).

Court Disposition

Application under Rule 29(a) is unsuitable and not established; procedural non-compliance waived; applicant directed to file a new application under Rule 29(b) with confirmation from an Indonesian lawyer; no costs order made as solicitors waived charging the client.

Orders

  • Waive procedural non-compliance in the interests of practicality
  • Applicant directed to file a new application under Rule 29(b) of the Non-contentious Probate Rules