TSAO CHI CHING v. TSAO LUNG MAY

TSAO CHI CHING v. TSAO LUNG MAY

Leave to appeal was refused because the appeal lacked merit and the respondent failed to give a satisfactory explanation for the delay; fresh evidence post-master was largely inadmissible because it was available earlier; respondent was unsuitable to act as administratrix due to lack of support among siblings and a significant alleged creditor interest creating conflict; applicant Tsao Chi Ching was therefore preferred and Master Levy's order was upheld.

Citation
TSAO CHI CHING v. TSAO LUNG MAY
Parties
Applicant: TSAO CHI CHING; Respondent: TSAO LUNG MAY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2013
Case Number
HCCA2054/2012
Procedural Posture
Non Contentious Probate Dispute: Competing Applications for Letters of Administration / Rehearing of Master's Order in Chambers; Decision on Leave to Appeal and Substantive Appeal
Outcome
Master Levy's order upheld; Leave to appeal refused; Notice of Appeal dismissed; Appeal dismissed
Legal Topics
Letters of Administration, Leave to Appeal/out of Time, Admission of Fresh Evidence on Appeal (ladd V Marshall), Suitability of Administrator, Intestacy Distribution
Source Language
EN
Probate Civil Procedure Guardianship Estate Administration Conflict of Interest Letters of Administration Leave to Appeal/out of Time Admission of Fresh Evidence on Appeal (ladd V Marshall) +2 more

Case Brief

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Parties

TSAO CHI CHING

Applicant

TSAO LUNG MAY

Respondent

Procedural Posture

Non Contentious Probate Dispute: Competing Applications for Letters of Administration / Rehearing of Master's Order in Chambers; Decision on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether new evidence filed after the master's hearing should be admitted on appeal
  3. 3 Whether respondent Tsao Lung May is suitable to be appointed administratrix (bad character, lack of support, potential creditor conflict)

Ratio Decidendi

Leave to appeal was refused because the appeal lacked merit and the respondent failed to give a satisfactory explanation for the delay; fresh evidence post-master was largely inadmissible because it was available earlier; respondent was unsuitable to act as administratrix due to lack of support among siblings and a significant alleged creditor interest creating conflict; applicant Tsao Chi Ching was therefore preferred and Master Levy's order was upheld.

Court Disposition

Master Levy's order upheld; Leave to appeal refused; Notice of Appeal dismissed; Appeal dismissed

Orders

  • Uphold Master Levy's order that upon filing requisite papers and answering registrar requisitions Tsao Chi Ching be granted letters of administration of the estate
  • Dismiss the application for grant by Tsao Lung May (HCAG15682/2011)