RE WU MING TONG

RE WU MING TONG

The court exercised its discretion to cure the procedural irregularity by treating the originating summons as if it were a summons under rule 25(2) NCPR because the Son and his solicitors had been served and displayed inactivity and no opposition; on the merits of suitability and to facilitate administration of the...

Source-derived case information.

Citation
RE WU MING TONG
Parties
Plaintiff: WU CHIU MUI; Defendant: WU CHAK MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2009
Case Number
HCAG7582/2001
Procedural Posture
Probate and Administration Application for Grant (non Contentious) / Interlocutory Decision on Procedural Regularity and Directions for Grant Application
Outcome
Originating summons treated as summons under rule 25(2) NCPR; discretion exercised to permit the Daughter to pursue grant of letters of administration; directions given for withdrawal or disposition of Son's existing application; costs ordered nisi to Daughter and to be summarily assessed.
Legal Topics
Letters of Administration, Caveats, Procedure for Grant Applications, Costs Assessment
Source Language
en
Probate Civil Procedure Non Contentious Probate Rules Letters of Administration Caveats Procedure for Grant Applications Costs Assessment

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Parties

WU CHIU MUI

Plaintiff

WU CHAK MAN

Defendant

Procedural Posture

Probate and Administration Application for Grant (non Contentious) / Interlocutory Decision on Procedural Regularity and Directions for Grant Application

Legal Issues

  1. 1 Whether the originating summons was an irregular mode of commencing proceedings given rule 25(2) NCPR
  2. 2 Whether the court should exercise its discretion to cure the procedural defect and treat the originating summons as a summons under rule 25(2) NCPR
  3. 3 Whether the Daughter or the Son is the appropriate person to obtain letters of administration given the Son's inactivity

Ratio Decidendi

The court exercised its discretion to cure the procedural irregularity by treating the originating summons as if it were a summons under rule 25(2) NCPR because the Son and his solicitors had been served and displayed inactivity and no opposition; on the merits of suitability and to facilitate administration of the estate the Daughter was held to be the more appropriate person to apply for and be issued the grant once entitlement is shown; directions were given for withdrawal of the Son's existing application and for further submissions if not withdrawn; costs were ordered nisi to the Daughter to be paid out of the estate and to be assessed on the basis of a summons.

Court Disposition

Originating summons treated as summons under rule 25(2) NCPR; discretion exercised to permit the Daughter to pursue grant of letters of administration; directions given for withdrawal or disposition of Son's existing application; costs ordered nisi to Daughter and to be summarily assessed.

Orders

  • Treat the Originating Summons as if it were a summons under rule 25(2) NCPR and treat service of the O.S. as service of that summons
  • Daughter to be issued the grant once entitlement is shown