REN MICKY 任珉 對 馮公權及另二人

REN MICKY 任珉 對 馮公權及另二人

The court refused the late application for leave to appeal because the defendants did not provide any explanation for the delay and failed to show a real prospect of success or any demonstrable error in the judge’s exercise of discretion regarding costs; the judge found that defendants’ counterclaims diverted the...

Source-derived case information.

Citation
[2022] HKCFI 3758
Parties
Plaintiff: REN MICKY (任珉); First Defendant: FUNG KUNG KUEN (馮公權); Second Defendant: PANG MEI YUK (彭美玉); Third Defendant: FUNG YAN TAK (馮恩得)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2022
Case Number
HCAP17/2017
Procedural Posture
Probate Proceedings (wills and Administration) / Post‑judgment Application for Leave to Appeal and Interlocutory Summonses (costs and Dismissal of Subsequent Summonses)
Outcome
Out‑of‑time leave to appeal refused; defendants' summons for leave dismissed; four interlocutory summonses dismissed; costs awarded against defendants as ordered.
Legal Topics
Appointment of Administrator, Costs Orders and Taxation, Leave to Appeal (out of Time), Dismissal of Interlocutory Summonses, Conflict of Interest, Property Ownership Disputes
Source Language
ch
Probate Civil Procedure Costs Appeal Trusts and Property Appointment of Administrator Costs Orders and Taxation Leave to Appeal (out of Time) +3 more

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Parties

REN MICKY (任珉)

Plaintiff

FUNG KUNG KUEN (馮公權)

First Defendant

PANG MEI YUK (彭美玉)

Second Defendant

FUNG YAN TAK (馮恩得)

Third Defendant

Procedural Posture

Probate Proceedings (wills and Administration) / Post‑judgment Application for Leave to Appeal and Interlocutory Summonses (costs and Dismissal of Subsequent Summonses)

  1. 1 Whether out‑of‑time leave to appeal against the costs order should be granted
  2. 2 Whether the judge erred in exercising discretion in ordering defendants to pay plaintiff's costs to 28 Oct 2020
  3. 3 Whether certain interlocutory summonses (cemetery ownership and rent claims) fall within probate procedure and should be dismissed as premature

Ratio Decidendi

The court refused the late application for leave to appeal because the defendants did not provide any explanation for the delay and failed to show a real prospect of success or any demonstrable error in the judge’s exercise of discretion regarding costs; the judge found that defendants’ counterclaims diverted the case and that there was no sufficient evidence that the plaintiff caused mediation failures or intentionally withheld documents; accordingly the costs order was upheld and the out‑of‑time appeal permission was refused; four subsequent interlocutory summonses were dismissed as outside or premature in relation to the concluded probate proceedings or to matters to be determined in...

Court Disposition

Out‑of‑time leave to appeal refused; defendants' summons for leave dismissed; four interlocutory summonses dismissed; costs awarded against defendants as ordered.

Orders

  • Defendants' application for leave to appeal (filed 30 Sep 2022) is refused and the filed summons is struck out.
  • The existing costs order is upheld: defendants to pay plaintiff's costs up to 28 October 2020 jointly and severally; if parties cannot agree the costs are to be taxed on a party‑and‑party basis.