Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Caveat and appearance to warning

  • 4 Feb 2016

    ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER

    Citation
    ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV208/2013

    The Court allowed the appeal, set aside the trial judge's judgment and ordered a retrial because the judge failed to deal with material contemporaneous documents and discrepancies (notably the three caveats and the appearance to warning) and failed to give adequate reasons for preferring plaintiffs' witnesses; those failures amounted to palpable errors in the factual findings on the making of the Will, testamentary capacity and rebuttal of revocation, necessitating a retrial (without prejudice to the finding that the 2nd plaintiff is the deceased's natural son).

  • 28 Nov 2013

    RE WONG PUI TAK DIANA

    Citation
    RE WONG PUI TAK DIANA
    Court
    Court of First Instance
    Case number
    HCCA1160/2013

    The court accepted the affirmed service that the summons was posted and left at the Caveator's address, the Caveator failed to produce convincing evidence to rebut that service and her credibility was undermined by prior litigation showing a pattern of delay; the caveat was frivolous and an abuse of process because the Caveator had no contrary interest, therefore leave to appeal out of time was dismissed, the Master's order dismissing and striking out the caveat and appearance was upheld, and indemnity costs were ordered against the Caveator.