YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

The judge exercised discretion to permit the 1st defendant to file and rely on the Second Affirmation except for specified paragraphs which were conceded by the 1st defendant as not strictly relevant, because the disputed material was relevant to deciding whether the executrices acted reasonably in pursuing PRC proceedings and to the alleged waiver of the HK$9m loan, and that relevance outweighed prejudice from lateness after balancing factors.

Citation
YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS
Parties
Plaintiffs: 1st to 3rd plaintiffs; 1st Defendant: YUNG IVAN CAESAR; 2nd Defendant: YUNG ISAAC COSMO; 3rd Defendant: YUNG ANDREA STEPHANIE; 4th Defendant: YUNG CLAUDIA NATALIE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 October 2017
Case Number
HCMP1682/2016
Procedural Posture
Civil Probate/administration Dispute / Interlocutory Application to Expunge Parts of an Affirmation
Outcome
Application to expunge partly dismissed; 1st defendant permitted to file and rely on Second Affirmation except for paragraphs conceded as not strictly relevant
Legal Topics
Expunction of Evidence, Leave to File Evidence, Executor/executrix Duties, Indemnity for Costs, Waiver of Debt
Source Language
EN
Probate Civil Procedure Evidence Expunction of Evidence Leave to File Evidence Executor/executrix Duties Indemnity for Costs Waiver of Debt

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Parties

1st to 3rd plaintiffs

Plaintiffs

YUNG IVAN CAESAR

1st Defendant

YUNG ISAAC COSMO

2nd Defendant

YUNG ANDREA STEPHANIE

3rd Defendant

YUNG CLAUDIA NATALIE

4th Defendant

Procedural Posture

Civil Probate/administration Dispute / Interlocutory Application to Expunge Parts of an Affirmation

Legal Issues

  1. 1 Whether the 1st defendant required leave to file the Second Affirmation
  2. 2 Whether the disputed paragraphs are relevant to the issues before the court (waiver of loan and reasonableness of executrices' conduct in instituting PRC proceedings)
  3. 3 Whether lateness and prejudice to the 2nd-5th defendants justify expunging the affirmation

Ratio Decidendi

The judge exercised discretion to permit the 1st defendant to file and rely on the Second Affirmation except for specified paragraphs which were conceded by the 1st defendant as not strictly relevant, because the disputed material was relevant to deciding whether the executrices acted reasonably in pursuing PRC proceedings and to the alleged waiver of the HK$9m loan, and that relevance outweighed prejudice from lateness after balancing factors.

Court Disposition

Application to expunge partly dismissed; 1st defendant permitted to file and rely on Second Affirmation except for paragraphs conceded as not strictly relevant

Orders

  • The 1st defendant is permitted to file and rely on the Second Affirmation dated 27 September 2017 except for those paragraphs identified in paragraph 4 of the judgment which the 1st defendant accepts are not strictly relevant