MING SHIU CHUNG and Others v. MING SHIU SUM and Others

MING SHIU CHUNG and Others v. MING SHIU SUM and Others

The court ordered inspection by the Plaintiffs' expert because the authenticity of the company documents is directly relevant to the contested issue of who should be granted letters of administration; the inspection is necessary for a fair disposal of the probate action and to avoid delay and additional costs, and the application is not a collateral attack on credit alone.

Citation
MING SHIU CHUNG and Others v. MING SHIU SUM and Others
Parties
Applicants: Plaintiffs (four children of Ming John Fook); 1st Defendant (brother): Lawrence; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 1998
Case Number
HCAP16/1997
Procedural Posture
Probate / Interlocutory: Chambers Application for Inspection of Documents
Outcome
Application granted: inspection by Plaintiffs' expert ordered
Legal Topics
Inspection of Documents, Inspection by Expert, Testamentary Documents, Letters of Administration, Bearer Shares, Forgery Allegations, Discovery and Relevance
Source Language
EN
Probate Civil Procedure Company Law Evidence Inspection of Documents Inspection by Expert Testamentary Documents Letters of Administration +3 more

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Parties

Plaintiffs (four children of Ming John Fook)

Applicants

Lawrence

1st Defendant (brother)

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Probate / Interlocutory: Chambers Application for Inspection of Documents

Legal Issues

  1. 1 Whether Plaintiffs are entitled to inspect original share certificates, register of members and directors and directors' minutes of J.F. Ming Inc.
  2. 2 Whether the authenticity of those documents is relevant to the fitness of the 1st Defendant to be appointed administrator
  3. 3 Whether the application is a collateral attack on credibility/credit only and therefore irrelevant

Ratio Decidendi

The court ordered inspection by the Plaintiffs' expert because the authenticity of the company documents is directly relevant to the contested issue of who should be granted letters of administration; the inspection is necessary for a fair disposal of the probate action and to avoid delay and additional costs, and the application is not a collateral attack on credit alone.

Court Disposition

Application granted: inspection by Plaintiffs' expert ordered

Orders

  • 1st Defendant to allow Plaintiffs' expert to conduct visual inspection of the original share certificates, register of members and directors and minutes of directors' meetings of J.F. Ming Inc. at the 1st Defendant's solicitors' office
  • Costs of this summons reserved