CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

The court provisionally fixed the trial to commence on 16 February 2009 with eight weeks reserved, prioritising expeditious administration of justice and the advanced age of the 3rd defendant over the convenience of counsel; the dates are provisional and subject to leave to set down after compliance with outstanding interlocutory directions including exchange of expert reports and witness statements.

Citation
CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 2008
Case Number
HCAP8/2007
Procedural Posture
Civil Estate/probate Dispute (will Construction) / Pre Trial (directions / Provisional Trial Dates)
Outcome
Provisional trial dates fixed to commence 16 February 2009 with eight weeks reserved; directions given for exchange of expert reports and interlocutory compliance; costs in the cause.
Legal Topics
Trial Scheduling, Setting Down, Will Construction, Expert Reports, Costs, Party Representation
Source Language
EN
Civil Procedure Probate/estate Law Case Management Trial Scheduling Setting Down Will Construction Expert Reports Costs +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Civil Estate/probate Dispute (will Construction) / Pre Trial (directions / Provisional Trial Dates)

Legal Issues

  1. 1 Whether to provisionally fix trial dates before formal setting-down given interlocutory steps outstanding
  2. 2 Whether the convenience of counsel should outweigh the need for expeditious trial in light of a very elderly defendant
  3. 3 Whether the issue of construction of the 2002 will should be tried separately

Ratio Decidendi

The court provisionally fixed the trial to commence on 16 February 2009 with eight weeks reserved, prioritising expeditious administration of justice and the advanced age of the 3rd defendant over the convenience of counsel; the dates are provisional and subject to leave to set down after compliance with outstanding interlocutory directions including exchange of expert reports and witness statements.

Court Disposition

Provisional trial dates fixed to commence 16 February 2009 with eight weeks reserved; directions given for exchange of expert reports and interlocutory compliance; costs in the cause.

Orders

  • Provisional trial to commence on 16 February 2009 (Monday) with 8 weeks reserved
  • Trial estimate 6-8 weeks but 8 weeks reserved as safer estimate; trial to continue day to day until completion unless ordered otherwise