CHAN WAN YEE v. CHAN TO FUN

CHAN WAN YEE v. CHAN TO FUN

The application for an interim stay was dismissed because the defendant failed to show sufficient merit; the court accepted the plaintiff's evidence (solicitor Ms Luo and clerk Mr Mak) rejecting the fabrication allegation, and the plaintiff's foreign residency was held not to be a sufficient ground for an interim stay.

Citation
CHAN WAN YEE v. CHAN TO FUN
Parties
Plaintiff and Executor/trustee/beneficiary: Chan Wan Yee; Defendant (appeared in Person): Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2014
Case Number
HCAP2/2012
Procedural Posture
Probate / Application for Interim Stay (interlocutory)
Outcome
Application for interim stay dismissed.
Legal Topics
Interim Stay, Service of Documents, Authenticity of Will, Jurisdiction, Choice of Forum
Source Language
EN
Probate Civil Procedure Trusts and Estates Interim Stay Service of Documents Authenticity of Will Jurisdiction Choice of Forum

Case Brief

Summary, issues, holding and outcome

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Parties

Chan Wan Yee

Plaintiff and Executor/trustee/beneficiary

Defendant

Defendant (appeared in Person)

Procedural Posture

Probate / Application for Interim Stay (interlocutory)

Legal Issues

  1. 1 Whether an interim stay should be granted pending the defendant's application for stay
  2. 2 Whether the plaintiff failed to serve written submissions
  3. 3 Whether the will was fabricated

Ratio Decidendi

The application for an interim stay was dismissed because the defendant failed to show sufficient merit; the court accepted the plaintiff's evidence (solicitor Ms Luo and clerk Mr Mak) rejecting the fabrication allegation, and the plaintiff's foreign residency was held not to be a sufficient ground for an interim stay.

Court Disposition

Application for interim stay dismissed.

Orders

  • Application for interim stay dismissed.
  • The allegation that the plaintiff did not serve written submissions was not adjudicated at this hearing.