JEN KIT JOSEPHINE, THE ADMINISTRATRIX FOR THE ESTATE OF JEN FRANK CHIA HSIANG, DECEASED v. CHAN SAU WAI SHIRLEY

JEN KIT JOSEPHINE, THE ADMINISTRATRIX FOR THE ESTATE OF JEN FRANK CHIA HSIANG, DECEASED v. CHAN SAU WAI SHIRLEY

The court exercised its case management discretion to consolidate HCMP 106/2017 with HCA 346/2014 and to treat the HCMP as if begun by writ because the two proceedings raised largely common questions of fact and law, consolidation would save time and costs, and the originating summons procedure was inappropriate for...

Source-derived case information.

Citation
[2018] HKCFI 429
Parties
Plaintiff in HCA 346/2014; Defendant in HCMP 106/2017; Administratrix of the Estate of Jen Frank Chia Hsiang: Jen Kit Josephine (Josephine); Defendant in HCA 346/2014; Plaintiff in HCMP 106/2017; Stepmother of the Deceased: Chan Sau Wai Shirley (Shirley); 2nd Defendant in HCMP 106/2017: Franklin Yuen Yuen Jen (Franklin)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2018
Case Number
HCA346/2014
Procedural Posture
Civil (probate/contentious Probate and Associated High Court Action) / Interlocutory Chambers Hearing (case Management/consolidation Decision)
Outcome
HCMP 106/2017 continued as if begun by writ and consolidated with HCA 346/2014; leave granted to file amended consolidated pleadings; case management directions given; costs of the three summonses and HCMP up to consolidation reserved
Legal Topics
Consolidation, Stay, Probate Counterclaim, Letters of Administration, Capacity to Marry, Legitimacy of Marriage, Originating Summons Vs Writ, Case Management, Costs
Source Language
en
Civil Procedure Probate Estate Administration Family Law Consolidation Stay Probate Counterclaim Letters of Administration +5 more

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Parties

Jen Kit Josephine (Josephine)

Plaintiff in HCA 346/2014; Defendant in HCMP 106/2017; Administratrix of the Estate of Jen Frank Chia Hsiang

Chan Sau Wai Shirley (Shirley)

Defendant in HCA 346/2014; Plaintiff in HCMP 106/2017; Stepmother of the Deceased

Franklin Yuen Yuen Jen (Franklin)

2nd Defendant in HCMP 106/2017

Procedural Posture

Civil (probate/contentious Probate and Associated High Court Action) / Interlocutory Chambers Hearing (case Management/consolidation Decision)

Legal Issues

  1. 1 Whether HCMP 106/2017 should have been brought as a probate counterclaim in HCA 346/2014 under RHC O 76 r15 rather than by originating summons
  2. 2 Whether the HCMP and High Court Action should be consolidated or one stayed until the determination of the other
  3. 3 Whether originating summons was the appropriate procedure given likely contested fact issues and need for oral evidence

Ratio Decidendi

The court exercised its case management discretion to consolidate HCMP 106/2017 with HCA 346/2014 and to treat the HCMP as if begun by writ because the two proceedings raised largely common questions of fact and law, consolidation would save time and costs, and the originating summons procedure was inappropriate for matters likely to be contested; the court granted leave to amend consolidated pleadings, fixed case management directions and reserved costs.

Court Disposition

HCMP 106/2017 continued as if begun by writ and consolidated with HCA 346/2014; leave granted to file amended consolidated pleadings; case management directions given; costs of the three summonses and HCMP up to consolidation reserved

Orders

  • HCMP 106/2017 be continued as if begun by Writ of Summons
  • HCA 346/2014 and HCMP 106/2017 be consolidated and heard together as a single action with Jen Kit Josephine as plaintiff and Chan Sau Wai Shirley as defendant