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

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

The summons for interrogatories was dismissed because the majority of the interrogatories were irrelevant or unnecessary to the issues pleaded (principally the validity of the 2004 will), some matters related only to estate administration and one relevant item had already been disclosed; accordingly the...

Source-derived case information.

Citation
[2018] HKCFI 637
Parties
Plaintiff: Cheung Ting Kau, Vincent; 1st Defendant: Koo Siu Ying; 2nd Defendant: Ling Meng Chu, Pearl
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2018
Case Number
HCAP4/2011
Procedural Posture
Probate/civil Validity of Will / Chambers Hearing Interlocutory Application for Interrogatories
Outcome
Defendants' summons dismissed; interrogatories withdrawn; costs to plaintiff (costs order nisi) with summary assessment
Legal Topics
Interrogatories, Discovery, Testamentary Capacity, Undue Influence, Validity of Will, Costs
Source Language
en
Probate Civil Procedure Estate Administration Interrogatories Discovery Testamentary Capacity Undue Influence Validity of Will +1 more

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Parties

Cheung Ting Kau, Vincent

Plaintiff

Koo Siu Ying

1st Defendant

Ling Meng Chu, Pearl

2nd Defendant

Procedural Posture

Probate/civil Validity of Will / Chambers Hearing Interlocutory Application for Interrogatories

Legal Issues

  1. 1 Whether the defendants' interrogatories are relevant and necessary to disposing fairly of the action or saving costs
  2. 2 Whether the plaintiff had any connection with the alleged transfers and corporate matters queried by the interrogatories
  3. 3 Whether information sought had already been disclosed by the plaintiff

Ratio Decidendi

The summons for interrogatories was dismissed because the majority of the interrogatories were irrelevant or unnecessary to the issues pleaded (principally the validity of the 2004 will), some matters related only to estate administration and one relevant item had already been disclosed; accordingly the interrogatories should be withdrawn and costs awarded to the plaintiff.

Court Disposition

Defendants' summons dismissed; interrogatories withdrawn; costs to plaintiff (costs order nisi) with summary assessment

Orders

  • Defendants' summons dismissed and related interrogatories withdrawn
  • Costs of the defendants' summons to be paid by the defendants to the plaintiff (costs order nisi pursuant to Ord 42 r5B(6))