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Hong Kong decisions
Decisions matching the current search
The court dismissed a summons to adduce 125 pages of late-disclosed documents in a probate dispute, holding the plaintiffs had not justified a delay of about 2.5 years.
Defendant's explanation for non-attendance was not reasonable because the adjourned date was given in open court and no timely prompt was required; two subpoenas were unnecessary as plaintiff agreed to call the witnesses and had applied for subpoenas, the appeal/leave application was out of time and lacked reasonable prospects, and the third subpoena failed because the defendant made no attempt to contact the proposed witness; accordingly the restoration application was refused and costs awarded to the plaintiff.
Source excerpt
The court held the plaintiff was the successful party in a settled probate costs dispute, ordered the defendant to pay costs personally on an indemnity basis, and made summary assessments.
The court granted an interim stay of enforcement proceedings, but only on strict conditions including an inventory and account, HK$28 million security, and a no-dealing undertaking.
法院批准資產保全令、Mareva禁制令及附帶披露令，並判令第一被告即時支付訟費港幣48萬元。
The Court of Appeal refused renewed leave to appeal against a costs order in a probate and constructive trust dispute, finding no arguable error of principle.
The Hong Kong Court of First Instance removed the named executrix and appointed Peggy as administrator, finding Yvonne’s delay and handling of the estate justified intervention.
The Court held that the plaintiff was the successful party in probate administration proceedings and ordered the defendant executrix to pay costs personally.
The court held that a HK$5.61 million promissory note was not part of the deceased’s estate because it was intended to be enforced only on specified triggering events that never occurred.
Court refused Parkview’s request to retain HK$1,596,082 from estate property, finding the alleged agreement to secure charges was not shown to bind the estate.
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