SUM YEE MING v. 何寶蓮 AND ANOTHER

SUM YEE MING v. 何寶蓮 AND ANOTHER

The leave application was dismissed because it lacked reasonably arguable grounds, constituted a collateral attack on earlier concluded proceedings and therefore amounted to an abuse of process; accordingly leave to apply for judicial review was refused.

Citation
[2022] HKCFI 2591
Parties
Applicant: Applicant; Respondent: Ms Ho; Deceased: Father (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2022
Case Number
HCAL759/2022
Procedural Posture
Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed; no order as to costs.
Legal Topics
Validity of Will, Removal of Executrix and Trustee, Production of Estate Assets, Return of Gifts and Chattels, Costs and Enforcement Leading to Bankruptcy, Abuse of Process and Collateral Attack, Vexatious Litigation
Source Language
EN
Judicial Review Probate Insolvency (bankruptcy) Civil Procedure Estate Administration Validity of Will Removal of Executrix and Trustee Production of Estate Assets +4 more

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Parties

Applicant

Applicant

Ms Ho

Respondent

Father (deceased)

Deceased

Procedural Posture

Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave should be granted to apply for judicial review of unspecified decision(s)
  2. 2 Whether the 2016 Will is invalid
  3. 3 Whether Ms Ho should be removed as executrix/trustee/beneficiary

Ratio Decidendi

The leave application was dismissed because it lacked reasonably arguable grounds, constituted a collateral attack on earlier concluded proceedings and therefore amounted to an abuse of process; accordingly leave to apply for judicial review was refused.

Court Disposition

Application for leave to apply for judicial review dismissed; no order as to costs.

Orders

  • Application for leave to apply for judicial review dismissed
  • No order as to costs