LISA PONCET v. KHO SIN TEK, HENRY

LISA PONCET v. KHO SIN TEK, HENRY

The court rejected the defendant's application because on the available material it was not satisfied there was a present risk the plaintiff would tamper with or remove the remains; the plaintiff's affidavit evidence was credible and uncontradicted for the purposes of the interlocutory application, so no injunction was justified and the application was dismissed with costs to the plaintiff in a gross sum of HKD 26,000.

Citation
LISA PONCET v. KHO SIN TEK, HENRY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2007
Case Number
HCAP19/2003
Procedural Posture
Probate; Injunction Application / Interim Injunction Application; Summary Judgment Pending
Outcome
Application dismissed; injunction refused
Legal Topics
Exhumation, DNA Testing, Preservation of Evidence, Costs Assessment
Source Language
EN
Probate Civil Procedure Evidence Injunctions Family Law Exhumation DNA Testing Preservation of Evidence +1 more

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Procedural Posture

Probate; Injunction Application / Interim Injunction Application; Summary Judgment Pending

Legal Issues

  1. 1 Whether there is a real and present risk the plaintiff will tamper with or remove the deceased's remains
  2. 2 Whether an interim injunction is necessary to preserve the remains for DNA testing
  3. 3 Credibility and sufficiency of the plaintiff's affidavit evidence

Ratio Decidendi

The court rejected the defendant's application because on the available material it was not satisfied there was a present risk the plaintiff would tamper with or remove the remains; the plaintiff's affidavit evidence was credible and uncontradicted for the purposes of the interlocutory application, so no injunction was justified and the application was dismissed with costs to the plaintiff in a gross sum of HKD 26,000.

Court Disposition

Application dismissed; injunction refused

Orders

  • Application for interim injunction dismissed
  • Defendant to pay plaintiff's costs of the application forthwith in the gross sum of HKD 26,000