DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

Despite procedural defaults and unsatisfactory explanations by the trustees, relief from the sanction was granted because the respondent did not take a contentious stance, the court must consider the administration of the estate and rights of other beneficiaries, and allowing the affidavit to stand was necessary to...

Source-derived case information.

Citation
[2021] HKCFI 441
Parties
Plaintiff (joint and Several Administrator of the Estate of Chiu Keung, Deceased): Darach E. Haughey; Plaintiff (joint and Several Administrator of the Estate of Chiu Keung, Deceased): Lai Kar Yan (Derek); 1st Defendant (in Her Own Capacity and in the Capacity as the Administratrix of Chiu Shuet Lan): Lam Mui; 2nd Defendant (as the Administratrix of Chiu Sinn Kei): Chiu Hiu Hung; 3rd Defendant: Chiu Sin Kuen; 4th Defendant (in His Own Capacity and in the Capacity as the Administrator of Chiu Shuet Lan): Chiu Anthony Sin Ka; 5th Defendant: Chiu Hing Sheung; 6th Defendant: Chiu Shuet Fei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2021
Case Number
HCMP1593/2014
Procedural Posture
Miscellaneous Proceedings (estate Administration) / Interlocutory — Relief From Sanction and Directions
Outcome
Relief from sanction granted with conditions and directions
Legal Topics
Relief From Sanction, Unless Order, Distribution of Estate, Costs
Source Language
en
Civil Estate Administration Civil Procedure Relief From Sanction Unless Order Distribution of Estate Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Darach E. Haughey

Plaintiff (joint and Several Administrator of the Estate of Chiu Keung, Deceased)

Lai Kar Yan (Derek)

Plaintiff (joint and Several Administrator of the Estate of Chiu Keung, Deceased)

Lam Mui

1st Defendant (in Her Own Capacity and in the Capacity as the Administratrix of Chiu Shuet Lan)

Chiu Hiu Hung

2nd Defendant (as the Administratrix of Chiu Sinn Kei)

Chiu Sin Kuen

3rd Defendant

Chiu Anthony Sin Ka

4th Defendant (in His Own Capacity and in the Capacity as the Administrator of Chiu Shuet Lan)

Chiu Hing Sheung

5th Defendant

Chiu Shuet Fei

6th Defendant

Procedural Posture

Miscellaneous Proceedings (estate Administration) / Interlocutory — Relief From Sanction and Directions

Legal Issues

  1. 1 Whether relief from sanction should be granted for breach of an unless order
  2. 2 Whether the trustees’ explanations for late filing are adequate
  3. 3 Whether the respondent suffered prejudice from the delay

Ratio Decidendi

Despite procedural defaults and unsatisfactory explanations by the trustees, relief from the sanction was granted because the respondent did not take a contentious stance, the court must consider the administration of the estate and rights of other beneficiaries, and allowing the affidavit to stand was necessary to enable proper determination of the distribution summonses; however the trustees and their solicitors were ordered to personally bear costs and were prohibited from recovering those costs from the estate.

Court Disposition

Relief from sanction granted with conditions and directions

Orders

  • Filing and service of DEH‑5th (filed at 4:40 pm and served at 5:07 pm on 7 December 2020) shall stand and time extended to those times accordingly
  • Leave granted to the 2nd Defendant to file and serve an affirmation in reply in respect of the two summonses within 28 days from the handing down of this decision