KONG SE PING DAVID AND OTHERS v. KONG JAMES HAN BOON

KONG SE PING DAVID AND OTHERS v. KONG JAMES HAN BOON

By consent the court ordered substitution of the 1st plaintiff as executor and, under section 33(3) of the Probate and Administration Ordinance Cap.10, vested the specified estate properties in him; costs were assessed at $140,000 to be paid by the defendant and a certificate for counsel was granted.

Citation
KONG SE PING DAVID AND OTHERS v. KONG JAMES HAN BOON
Parties
Applicant / Proposed Substituted Executor: 1st Plaintiff; Co Applicant: 2nd Plaintiff; Co Applicant: 3rd Plaintiff; Respondent: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2014
Case Number
HCMP2173/2013
Procedural Posture
Probate and Administration Application (originating Summons) / Decision (consent Order)
Outcome
Application granted by consent; 1st plaintiff substituted as executor and estate properties vested in him; costs awarded to plaintiffs.
Legal Topics
Appointment of Executor, Vesting of Estate, Costs Assessment, Originating Summons Compliance
Source Language
EN
Probate Estate Administration Civil Procedure Appointment of Executor Vesting of Estate Costs Assessment Originating Summons Compliance

Case Brief

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Parties

1st Plaintiff

Applicant / Proposed Substituted Executor

2nd Plaintiff

Co Applicant

3rd Plaintiff

Co Applicant

Defendant

Respondent

Procedural Posture

Probate and Administration Application (originating Summons) / Decision (consent Order)

Legal Issues

  1. 1 Whether the 1st plaintiff should be appointed substituted executor of the estate
  2. 2 Whether the properties of the estate should be vested in the substituted executor under section 33(3) of the Probate and Administration Ordinance Cap.10
  3. 3 Assessment and payment of costs and certificate for counsel

Ratio Decidendi

By consent the court ordered substitution of the 1st plaintiff as executor and, under section 33(3) of the Probate and Administration Ordinance Cap.10, vested the specified estate properties in him; costs were assessed at $140,000 to be paid by the defendant and a certificate for counsel was granted.

Court Disposition

Application granted by consent; 1st plaintiff substituted as executor and estate properties vested in him; costs awarded to plaintiffs.

Orders

  • Order made in terms of paragraphs 1, 3 and 5 of the Originating Summons
  • Certificate for counsel as to costs; total costs to date assessed at $140,000 to be paid by the defendant on or before 30 June 2014