HO WAI YIN AND OTHERS v. CHENG SUET YEE

HO WAI YIN AND OTHERS v. CHENG SUET YEE

Reading the correspondence as a whole the Defendant made a clear and unambiguous admission that she is not the natural daughter of the deceased; therefore judgment by admission is appropriate and the grant of letters of administration should be revoked; the Defendant's informal, unsupported attempt to withdraw the admission is refused as an exercise of the court's discretion.

Citation
HO WAI YIN AND OTHERS v. CHENG SUET YEE
Parties
Plaintiffs: 1st to 3rd Plaintiffs; Defendant: Defendant; Deceased: Cheng Fong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2005
Case Number
HCAP18/2003
Procedural Posture
Probate Action / Hearing on Application for Judgment by Admission (application Under Order 27, R.3)
Outcome
Application for judgment by admission granted; court directed revocation of the grant of letters of administration; Defendant's informal/unsubstantiated request to withdraw admissions refused; parties to be heard on consequential directions.
Legal Topics
Letters of Administration, Revocation of Grant, Admission and Concession, DNA Evidence and Paternity, Withdrawal of Admission, Administration of Estate
Source Language
EN
Probate Civil Procedure Family Law Evidence Letters of Administration Revocation of Grant Admission and Concession DNA Evidence and Paternity +2 more

Case Brief

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Parties

1st to 3rd Plaintiffs

Plaintiffs

Defendant

Defendant

Cheng Fong

Deceased

Procedural Posture

Probate Action / Hearing on Application for Judgment by Admission (application Under Order 27, R.3)

Legal Issues

  1. 1 Whether correspondence contained a clear and unambiguous admission that the Defendant is not the natural daughter of the deceased
  2. 2 Whether that admission justified entry of judgment by admission and revocation of the grant of letters of administration
  3. 3 Whether the Defendant should be permitted to withdraw or resile from the admission

Ratio Decidendi

Reading the correspondence as a whole the Defendant made a clear and unambiguous admission that she is not the natural daughter of the deceased; therefore judgment by admission is appropriate and the grant of letters of administration should be revoked; the Defendant's informal, unsupported attempt to withdraw the admission is refused as an exercise of the court's discretion.

Court Disposition

Application for judgment by admission granted; court directed revocation of the grant of letters of administration; Defendant's informal/unsubstantiated request to withdraw admissions refused; parties to be heard on consequential directions.

Orders

  • Judgment by admission entered for the Plaintiffs
  • Revocation of the grant of letters of administration granted to the Defendant