RE TAN SRI DATUK LAU GEK POH alias LAU GEK POH

RE TAN SRI DATUK LAU GEK POH alias LAU GEK POH

Respondent demonstrated prima facie evidence of paternity and thus sufficient interest/standing to justify issuance of a subpoena under s7(3); the Deputy Registrar properly exercised discretion and the deletion in the drawn order was a clerical error correctable by the Slip Rule; consequently the application to set aside the subpoena is dismissed and the applicant must comply within eight days, with a costs order nisi against the applicant.

Citation
RE TAN SRI DATUK LAU GEK POH alias LAU GEK POH
Parties
Applicant (named Executor): Lau Kun alias Lau Chak; Respondent (applicant for Subpoena): Lau Siang Kok (Lionel)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2012
Case Number
HCEA29/2010
Procedural Posture
Probate and Administration (subpoena Under S7(3) P&a Ordinance) / Interlocutory Application Chambers Decision (set Aside Subpoena)
Outcome
Application to set aside subpoena dismissed; subpoena upheld
Legal Topics
Subpoena Under S7(3) Probate and Administration Ordinance, Standing/locus Standi, Proof of Paternity, Intestacy Rules, Slip Rule / Correction of Clerical Error, Costs
Source Language
EN
Probate Succession Civil Procedure Evidence Family Law Subpoena Under S7(3) Probate and Administration Ordinance Standing/locus Standi Proof of Paternity +3 more

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Parties

Lau Kun alias Lau Chak

Applicant (named Executor)

Lau Siang Kok (Lionel)

Respondent (applicant for Subpoena)

Procedural Posture

Probate and Administration (subpoena Under S7(3) P&a Ordinance) / Interlocutory Application Chambers Decision (set Aside Subpoena)

Legal Issues

  1. 1 Whether the subpoena issued under s7(3) P&A Ordinance could be set aside
  2. 2 Whether the respondent had sufficient interest/standing to obtain the subpoena
  3. 3 Whether the respondent proved on the evidence that he was the natural son of the deceased

Ratio Decidendi

Respondent demonstrated prima facie evidence of paternity and thus sufficient interest/standing to justify issuance of a subpoena under s7(3); the Deputy Registrar properly exercised discretion and the deletion in the drawn order was a clerical error correctable by the Slip Rule; consequently the application to set aside the subpoena is dismissed and the applicant must comply within eight days, with a costs order nisi against the applicant.

Court Disposition

Application to set aside subpoena dismissed; subpoena upheld

Orders

  • Application to set aside the subpoena dismissed
  • Applicant to comply with the subpoena and produce the will within eight days from date of decision