CHEUNG PUI KING v. The Estate of the late CHEUNG WAH CHIU, Deceased AND ANOTHER

CHEUNG PUI KING v. The Estate of the late CHEUNG WAH CHIU, Deceased AND ANOTHER

The striking-out application failed because it was not plain and obvious that Wai could not be a proper contradictor; however, on case management grounds the Administration Action was stayed pending determination of the Probate Action because the validity of competing wills and the identity of the proper executor/beneficiary must be resolved first and the Probate Action was more advanced.

Citation
[2025] HKCFI 4999
Parties
Defendant in HCAP 31/2023; Plaintiff in HCMP 1279/2024: Cheung Pui King; Plaintiff in HCAP 31/2023; 2nd Defendant in HCMP 1279/2024: Cheung Chi Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2025
Case Number
HCMP1279/2024
Procedural Posture
Probate and Administration Actions / Hearing of Stay and Striking Out Summonses; Decision Delivered
Outcome
Striking-out Summons dismissed; Administration Action stayed pending determination of the Probate Action; costs orders made (order nisi)
Legal Topics
Revocation of Probate, Declaratory Relief, Promissory Estoppel, Constructive Trust, Resulting Trust, Striking Out, Stay of Proceedings, Case Management
Source Language
EN
Probate Law Trusts and Equitable Remedies Civil Procedure Equity Revocation of Probate Declaratory Relief Promissory Estoppel Constructive Trust +4 more

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Parties

Cheung Pui King

Defendant in HCAP 31/2023; Plaintiff in HCMP 1279/2024

Cheung Chi Wai

Plaintiff in HCAP 31/2023; 2nd Defendant in HCMP 1279/2024

Procedural Posture

Probate and Administration Actions / Hearing of Stay and Striking Out Summonses; Decision Delivered

Legal Issues

  1. 1 Whether the Administration Action should be struck out for lack of a proper contradictor
  2. 2 Whether Wai is a proper contradictor to the declaratory reliefs sought by King
  3. 3 Whether the Administration Action should be stayed pending determination of the Probate Action

Ratio Decidendi

The striking-out application failed because it was not plain and obvious that Wai could not be a proper contradictor; however, on case management grounds the Administration Action was stayed pending determination of the Probate Action because the validity of competing wills and the identity of the proper executor/beneficiary must be resolved first and the Probate Action was more advanced.

Court Disposition

Striking-out Summons dismissed; Administration Action stayed pending determination of the Probate Action; costs orders made (order nisi)

Orders

  • Dismiss Striking-out Summons dated 23 August 2024 (save alternative relief)
  • Order that HCMP 1279/2024 (Administration Action) be stayed pending determination of HCAP 31/2023 (Probate Action)