11 Mar 2020
LEE KWAI TAI (李桂娣) also known as LI KWAI TAI v. CHAN TSUI SHAN (陳翠珊) representing the estate of LEE KWAI TAI (李桂娣) also known as LI KWAI TAI, Deceased
- Citation
- [2020] HKCFA 4
- Court
- Court of Final Appeal
- Case number
- FACV7/2019
The Court upheld the Court of Appeal: the deputy judge’s exercise of discretion was vitiated by error of law because he relied on his subjective intention regarding the binding effect of the probate judgment (an irrelevant consideration) and mischaracterised the appellant’s conduct thereby failing to take relevant considerations into account; the Court of Appeal was therefore entitled to exercise the discretion afresh and correctly refused relief; appeal dismissed.