2 Feb 2024
MOORTHY SELVARAJ (as one of the beneficiaries of the estate of KARUPAYA SELVARAJ, Deceased) v. KARUPAYEE AMMAL (as the administratrix and one of the beneficiaries of the estate of KARUPAYASELVARAJ, Deceased) AND OTHERS
- Citation
- [2024] HKCFI 403
- Court
- Court of First Instance
- Case number
- HCA413/2016
Plaintiff failed to prove on a prima facie or balance of probabilities that Mother agreed the DFA or the Oral Agreement; documentary record and objective facts undermine the claim and alleged part performance is not substantiated as a transfer by Mother; accordingly the contractual claims fail. A professional administrator should be appointed to replace the deceased administratrix; on the evidence the economical and suitable choice is Mat Ng of Grant Thornton. Costs of the failed DFA and Oral Agreement claims are to be paid by the Plaintiff to the 2nd and 5th Defendants.