CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS

CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS

Madam Chow and Madam Chau were removed as administratrices because the court was satisfied that removal was necessary for the due and proper administration of the estate and beneficiaries' interests: Madam Chow had misappropriated or permitted conversion of estate funds for personal use, repeatedly breached court...

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Citation
CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS
Parties
Plaintiff: Chak Kiu; 1st Defendant Administratrix: Madam Chow; 2nd Defendant Administratrix (absent): Madam Chau; 3rd Defendant Defendant/son: Chung Woon; 4th Defendant Company: Million Ease Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 January 2017
Case Number
HCMP797/2016
Procedural Posture
HCMP 797/2016 (originating Summons) / Judgment on Application / Final Decision
Outcome
Application granted in part: both administratrices removed; new administrator appointed; summons for leave to adduce evidence and to cross‑examine dismissed; costs ordered.
Legal Topics
Removal of Administrator, Misappropriation and Conversion, Duty to Account, Breach of Court Orders and Undertakings, Admission of New Evidence, Cross Examination of Affidavits, Appointment of Professional Administrator, Costs
Source Language
en
Probate and Administration Trusts Estate Law Civil Procedure Equity Removal of Administrator Misappropriation and Conversion Duty to Account +5 more

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Parties

Chak Kiu

Plaintiff

Madam Chow

1st Defendant Administratrix

Madam Chau

2nd Defendant Administratrix (absent)

Chung Woon

3rd Defendant Defendant/son

Million Ease Limited

4th Defendant Company

Procedural Posture

HCMP 797/2016 (originating Summons) / Judgment on Application / Final Decision

Legal Issues

  1. 1 Whether administratrices should be removed pursuant to s.33(3) Probate and Administration Ordinance
  2. 2 Whether there has been misappropriation or conversion of estate assets
  3. 3 Whether the administratrices failed to render a proper and accurate account as ordered

Ratio Decidendi

Madam Chow and Madam Chau were removed as administratrices because the court was satisfied that removal was necessary for the due and proper administration of the estate and beneficiaries' interests: Madam Chow had misappropriated or permitted conversion of estate funds for personal use, repeatedly breached court orders and undertakings and failed to render a proper and accurate account as ordered; Madam Chau was removed for non‑participation. The court appointed Mr Ip Woon Shun as replacement administrator and refused Madam Chow's applications to adduce new evidence and to cross‑examine the applicant.

Court Disposition

Application granted in part: both administratrices removed; new administrator appointed; summons for leave to adduce evidence and to cross‑examine dismissed; costs ordered.

Orders

  • Order removing Madam Chow and Madam Chau as administratrices of the Estate of the Deceased (in terms of paragraphs 1,2 and 3 of the Amended Originating Summons)
  • Appointment of Mr Ip Woon Shun of Messrs Oldham, Li & Nie as new administrator; fees to be charged at HK$4,000 per hour subject to a cap of HK$67,300 (subject to further order)