CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

The ACB application was dismissed because the applicant failed on the balance of probabilities to demonstrate an imminent or immediate landslide risk likely to cause imminent loss to the estate and the proposed sale by auction was not shown to be a necessary or effective preservation measure; the application for administrators pendent lite was dismissed because applicants did not show appointment was necessary or expedient given the estate circumstances, there was no evidence of dissipation, and the executor offered an undertaking not to deal with estate assets.

Citation
CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER
Parties
Applicant / Plaintiff / Sole Executor Named in 2004 Will: Cheung Ting Kau, Vincent; 1st Respondent / 1st Defendant: Koo Siu Ying; 2nd Respondent / 2nd Defendant: Ling Meng Chu, Pearl
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2016
Case Number
HCAP4/2011
Procedural Posture
Probate Proceedings and Related Inter Partes Applications (acb and Administrators Pendent Lite) / Interlocutory Hearings and Decision on Summonses (application for Administration Ad Colligenda Bona and Application for Administrators Pendent Lite)
Outcome
Both the ACB Summons and the Amended APL (administrators pendent lite) Summons dismissed (APL dismissed upon acceptance of executor's undertaking)
Legal Topics
Administration Ad Colligenda Bona, Administrators Pendent Lite (pendente Lite), Executor Neutrality and Duties, Appointment of Administrators, Dangerous Hillside/landslide Risk, Expert Evidence and Admissibility, Costs Orders
Source Language
EN
Probate Trusts and Fiduciary Duties Estate Administration Property Law Civil Procedure Administration Ad Colligenda Bona Administrators Pendent Lite (pendente Lite) Executor Neutrality and Duties +4 more

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Parties

Cheung Ting Kau, Vincent

Applicant / Plaintiff / Sole Executor Named in 2004 Will

Koo Siu Ying

1st Respondent / 1st Defendant

Ling Meng Chu, Pearl

2nd Respondent / 2nd Defendant

Procedural Posture

Probate Proceedings and Related Inter Partes Applications (acb and Administrators Pendent Lite) / Interlocutory Hearings and Decision on Summonses (application for Administration Ad Colligenda Bona and Application for Administrators Pendent Lite)

Legal Issues

  1. 1 Whether a grant ad colligenda bona was justified to preserve estate assets by urgent sale due to alleged landslide risks
  2. 2 Whether the evidence demonstrated imminent risk or likely imminent diminution of estate value
  3. 3 Whether sale by auction was an appropriate preservation measure

Ratio Decidendi

The ACB application was dismissed because the applicant failed on the balance of probabilities to demonstrate an imminent or immediate landslide risk likely to cause imminent loss to the estate and the proposed sale by auction was not shown to be a necessary or effective preservation measure; the application for administrators pendent lite was dismissed because applicants did not show appointment was necessary or expedient given the estate circumstances, there was no evidence of dissipation, and the executor offered an undertaking not to deal with estate assets.

Court Disposition

Both the ACB Summons and the Amended APL (administrators pendent lite) Summons dismissed (APL dismissed upon acceptance of executor's undertaking)

Orders

  • ACB Summons dismissed
  • Amended APL Summons dismissed upon acceptance of the undertaking by Mr Cheung