6 Jan 1998
WANG DIN SHIN v. NINA KUNG
- Citation
- WANG DIN SHIN v. NINA KUNG
- Court
- Court of First Instance
- Case number
- HCAP6/1997
Both procedural routes were legally available; withdrawal of the ex parte death application and commencement of full inter partes proceedings was not an abuse of process, there was no prejudice to the defendant warranting dismissal, the plaintiff's evidence was not shown to be bound to fail, and the court would not exercise its discretion under O.76(1) to dispense with the affidavit of testamentary script; accordingly the defendant's strike out application was dismissed and an Unless Order was granted for filing the affidavit and defence.