LEUNG KAM YIN JOYCE v. LEE SAI WAI

LEUNG KAM YIN JOYCE v. LEE SAI WAI

Judge held that Judge Lok's transfer was made solely on jurisdictional grounds (amount exceeded District Court limit) and did not operate as an appeal against the earlier CFI transfer; any challenge to the correctness of either transfer is for the Court of Appeal. Consequently the defendant's application to dismiss,...

Source-derived case information.

Citation
LEUNG KAM YIN JOYCE v. LEE SAI WAI
Parties
Plaintiff: Plaintiff; Defendant: Defendant (sister and executrix); Deceased (testator): Lee Sai Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2001
Case Number
HCMP4859/2001
Procedural Posture
Inheritance (provision for Family and Dependents) Ordinance S.4 Application / Interlocutory Hearing on Transfer and Jurisdiction (court of First Instance / District Court)
Outcome
Defendant's application dismissed.
Legal Topics
Inheritance Provision Application, Transfer of Proceedings, Court Jurisdiction, Forum Non Conveniens, Procedural Appeal
Source Language
en
Inheritance Law Probate Civil Procedure Jurisdiction Inheritance Provision Application Transfer of Proceedings Court Jurisdiction Forum Non Conveniens +1 more

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Parties

Plaintiff

Plaintiff

Defendant (sister and executrix)

Defendant

Lee Sai Wai

Deceased (testator)

Procedural Posture

Inheritance (provision for Family and Dependents) Ordinance S.4 Application / Interlocutory Hearing on Transfer and Jurisdiction (court of First Instance / District Court)

Legal Issues

  1. 1 Whether the plaintiff's originating summons was filed in the correct court under s.25 of the Ordinance
  2. 2 Whether Judge Lok's transfer to the Court of First Instance operated as an appeal against the earlier CFI order transferring the case to the District Court
  3. 3 Whether the defendant's application to strike out/stay/transfer back should be granted or is a matter for appeal

Ratio Decidendi

Judge held that Judge Lok's transfer was made solely on jurisdictional grounds (amount exceeded District Court limit) and did not operate as an appeal against the earlier CFI transfer; any challenge to the correctness of either transfer is for the Court of Appeal. Consequently the defendant's application to dismiss, stay or transfer back was dismissed and the defendant must appeal if aggrieved.

Court Disposition

Defendant's application dismissed.

Orders

  • Defendant's application dismissed.
  • Costs to the plaintiff in any event.