RE WONG PUI TAK DIANA

RE WONG PUI TAK DIANA

The court accepted the affirmed service that the summons was posted and left at the Caveator's address, the Caveator failed to produce convincing evidence to rebut that service and her credibility was undermined by prior litigation showing a pattern of delay; the caveat was frivolous and an abuse of process because the Caveator had no contrary interest, therefore leave to appeal out of time was dismissed, the Master's order dismissing and striking out the caveat and appearance was upheld, and indemnity costs were ordered against the Caveator.

Citation
RE WONG PUI TAK DIANA
Parties
Caveator: Caveator; Applicants/trustees: Executrices and trustees (the Trustees); Deceased: Diana Wong Pui Tak; One Trustee: Tung Yu Ying Frances
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 2013
Case Number
HCCA1160/2013
Procedural Posture
Probate/non Contentious Probate Rules / Appeal Against Master's Order; Application for Leave to Appeal Out of Time
Outcome
Dismissed the Caveator's application for leave to appeal out of time; affirmed Master's order allowing Trustees' application to dismiss and strike out the Caveat and Appearance to Warning.
Legal Topics
Service of Summons, Caveat and Appearance to Warning, Leave to Appeal Out of Time, Indemnity Costs, Striking Out
Source Language
EN
Probate Law Civil Procedure Service of Process Abuse of Process Service of Summons Caveat and Appearance to Warning Leave to Appeal Out of Time Indemnity Costs +1 more

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Parties

Caveator

Caveator

Executrices and trustees (the Trustees)

Applicants/trustees

Diana Wong Pui Tak

Deceased

Tung Yu Ying Frances

One Trustee

Procedural Posture

Probate/non Contentious Probate Rules / Appeal Against Master's Order; Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the Trustees' summons was properly served on the Caveator
  2. 2 Whether the Caveator should be granted leave to appeal out of time
  3. 3 Whether the Caveat was an abuse of process or frivolous

Ratio Decidendi

The court accepted the affirmed service that the summons was posted and left at the Caveator's address, the Caveator failed to produce convincing evidence to rebut that service and her credibility was undermined by prior litigation showing a pattern of delay; the caveat was frivolous and an abuse of process because the Caveator had no contrary interest, therefore leave to appeal out of time was dismissed, the Master's order dismissing and striking out the caveat and appearance was upheld, and indemnity costs were ordered against the Caveator.

Court Disposition

Dismissed the Caveator's application for leave to appeal out of time; affirmed Master's order allowing Trustees' application to dismiss and strike out the Caveat and Appearance to Warning.

Orders

  • Caveator's application for leave to appeal out of time dismissed
  • Master Levy's order dated 15 August 2013 allowing Trustees' application to dismiss and strike out the Caveat and the Appearance to Warning affirmed