KWONG HON WAH v. HILDA C.K. LEE

KWONG HON WAH v. HILDA C.K. LEE

The appeal was allowed because the master erred by ordering production and compliance beyond what relevance and the rules governing discovery and interrogatories justified, and by purporting to require a non‑party's signature; the plaintiff was entitled to reasonable time (60 days) to reply to late expert material; accordingly the contested parts of the master's orders were set aside and the defendants ordered to pay the costs of the interlocutory applications and the appeal to the plaintiff (costs to be taxed if not agreed).

Citation
KWONG HON WAH v. HILDA C.K. LEE
Parties
Plaintiff (original Action); Defendant (counterclaim): Kwong Hon Wah; Defendant (original Action); Plaintiff (counterclaim): Hilda C.K. Lee; Plaintiff (counterclaim): Archie Kwong; Plaintiff (counterclaim): Michael Y.W. Kwong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2006
Case Number
HCAP8/2003
Procedural Posture
Probate Action / Appeal From Master's Interlocutory Orders
Outcome
Appeal allowed in part; parts of the master's orders under appeal set aside and alternative orders made
Legal Topics
Testamentary Capacity, Discovery and Inspection, Interrogatories, Enforcement of Consent Orders, Amendment of Pleadings, Costs Orders, Procedural Abuse
Source Language
EN
Probate Civil Procedure Evidence Costs Wills and Succession Testamentary Capacity Discovery and Inspection Interrogatories +4 more

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Parties

Kwong Hon Wah

Plaintiff (original Action); Defendant (counterclaim)

Hilda C.K. Lee

Defendant (original Action); Plaintiff (counterclaim)

Archie Kwong

Plaintiff (counterclaim)

Michael Y.W. Kwong

Plaintiff (counterclaim)

Procedural Posture

Probate Action / Appeal From Master's Interlocutory Orders

Legal Issues

  1. 1 Whether the master's interlocutory orders enforcing parts of a consent order (discovery, production, interrogatories and undertakings) were justified by relevance and procedural rules
  2. 2 Whether the master could order compliance affecting a non‑party (plaintiff's wife)
  3. 3 Whether interrogatories served were improper fishing for credibility evidence and should be withdrawn

Ratio Decidendi

The appeal was allowed because the master erred by ordering production and compliance beyond what relevance and the rules governing discovery and interrogatories justified, and by purporting to require a non‑party's signature; the plaintiff was entitled to reasonable time (60 days) to reply to late expert material; accordingly the contested parts of the master's orders were set aside and the defendants ordered to pay the costs of the interlocutory applications and the appeal to the plaintiff (costs to be taxed if not agreed).

Court Disposition

Appeal allowed in part; parts of the master's orders under appeal set aside and alternative orders made

Orders

  • Order in terms of paragraph 1 of the notice of appeal dated 10 August 2005 (as set out in the reasons)
  • Except for Interrogatory 4, the Interrogatories served on the plaintiff are withdrawn with costs to the plaintiff