RE WONG KAM SHING

RE WONG KAM SHING

The Registrar approved the parties' negotiated settlement and made a consent order: the caveat was discharged, procedural steps (appearance and incorrect Notice of Change of Solicitors) were withdrawn, costs of $2,000 were assessed against Mr. Cheung payable to the Caveator, the applicant was granted leave to withdraw her application and originals were released, and subject to filing of requisite papers and Registry requirements Mr. Lam Yiu Cheong was appointed as independent administrator under s.36 to administer the deceased's estate.

Citation
RE WONG KAM SHING
Parties
Deceased: Wong Kam Shing; Caveator: Wong Ka Tsun; Applicant: Lin Xinzhen; Independent Administrator: Lam Yiu Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2014
Case Number
HCAG3566/2012
Procedural Posture
Non Contentious Probate Application for Grant of Letters of Administration / Hearing of Caveat Dispute Before Registrar; Consent Order Made
Outcome
Consent order made by Registrar resolving caveat dispute and appointing an independent administrator subject to conditions
Legal Topics
Letters of Administration, Caveat Under Rule 44, Appointment of Independent Administrator Under S.36, Costs Assessment Under Order 62 R.9 a
Source Language
EN
Probate Civil Procedure Estate Administration Letters of Administration Caveat Under Rule 44 Appointment of Independent Administrator Under S.36 Costs Assessment Under Order 62 R.9 a

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Parties

Wong Kam Shing

Deceased

Wong Ka Tsun

Caveator

Lin Xinzhen

Applicant

Lam Yiu Cheong

Independent Administrator

Procedural Posture

Non Contentious Probate Application for Grant of Letters of Administration / Hearing of Caveat Dispute Before Registrar; Consent Order Made

Legal Issues

  1. 1 Whether the caveat filed under Rule 44 should prevent grant of administration
  2. 2 Whether a Notice of Change of Solicitors filed by Messrs. Cheung & Choy disqualified Mr. Cheung from acting as independent administrator
  3. 3 Whether the parties' consent terms are suitable for court approval and appointment of an independent administrator

Ratio Decidendi

The Registrar approved the parties' negotiated settlement and made a consent order: the caveat was discharged, procedural steps (appearance and incorrect Notice of Change of Solicitors) were withdrawn, costs of $2,000 were assessed against Mr. Cheung payable to the Caveator, the applicant was granted leave to withdraw her application and originals were released, and subject to filing of requisite papers and Registry requirements Mr. Lam Yiu Cheong was appointed as independent administrator under s.36 to administer the deceased's estate.

Court Disposition

Consent order made by Registrar resolving caveat dispute and appointing an independent administrator subject to conditions

Orders

  • The caveat dated 2 February 2012 shall cease to have effect forthwith
  • The Appearance to Warning entered by the Caveator on 4 May 2012 be withdrawn