CHANG MAN v. MA SHOU YUNG

CHANG MAN v. MA SHOU YUNG

Application dismissed: plaintiff failed to establish statutory grounds under s.33 for revocation; claimant pleaded revocation not removal so summary judgment replacing administrator cannot be granted without amended pleadings; s.36 not appropriately invoked post-grant and plaintiff's delay and prior knowledge of the sale undermined necessity for passing over the administrator; therefore summary relief and appointment refused.

Citation
CHANG MAN v. MA SHOU YUNG
Parties
Plaintiff: Chang Man; Administrator/respondent: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2001
Case Number
HCAP9/2001
Procedural Posture
Probate and Estate Administration; Civil Application / Interlocutory Summons Hearing for Summary Judgment and S.36 Application
Outcome
Application dismissed
Legal Topics
Revocation of Grant of Letters of Administration, Removal of Administrator, Appointment Under Section 36, Summary Judgment, Mareva Injunction, Security for Costs
Source Language
EN
Probate Estate Administration Civil Procedure Revocation of Grant of Letters of Administration Removal of Administrator Appointment Under Section 36 Summary Judgment Mareva Injunction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chang Man

Plaintiff

Defendant

Administrator/respondent

Procedural Posture

Probate and Estate Administration; Civil Application / Interlocutory Summons Hearing for Summary Judgment and S.36 Application

Legal Issues

  1. 1 Whether the grant of Letters of Administration should be revoked under s.33 of the Probate and Administration Ordinance
  2. 2 Whether the administrator should be removed or replaced without an amended pleading
  3. 3 Whether the court may appoint an administrator under s.36 interlocutorily where a grant has been made

Ratio Decidendi

Application dismissed: plaintiff failed to establish statutory grounds under s.33 for revocation; claimant pleaded revocation not removal so summary judgment replacing administrator cannot be granted without amended pleadings; s.36 not appropriately invoked post-grant and plaintiff's delay and prior knowledge of the sale undermined necessity for passing over the administrator; therefore summary relief and appointment refused.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs to defendant, to be taxed if not agreed