13 Feb 2019
TSANG WING KWAI v. TSANG WING FAI
- Citation
- [2019] HKCA 163
- Court
- Court of Appeal
- Case number
- CACV239/2018
The Court of Appeal dismissed the appeal: the judge lawfully and properly exercised his wide discretion under s.33(3) PAO to remove the defendant as executor because the defendant had put himself in a conflict position, acted against beneficiaries' interests, failed to produce proper accounts and failed to recognise the conflict; the nominative significance of the testatrix's appointment was considered but did not outweigh the statutory criteria; the summons to admit fresh evidence was dismissed because the evidence could have been obtained earlier and was not sufficiently relevant to alter t…