Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dependency under inheritance (provision for family and dependants) ordinance (cap 481)
  • 2 Jan 2018

    CHOW PO YUEN, a minor by PANG ZHENGYUN, her mother and next friend AND ANOTHER v. CHOW CHUN KIT, the administrator of the estate of CHOW WING CHEUK, deceased and in his personal capacity AND OTHERS

    Citation
    [2018] HKCFI 2
    Court
    Court of First Instance
    Case number
    HCMP1400/2014

    Refusal to order separate trial or to determine liability as a preliminary issue because, although some liability issues (parentage and dependency) are distinct from quantum, evidence as to the size and nature of the deceased's estate is probative of both liability and quantum; the evidence is intertwined, and separating the trials would be unjust to the claimants and give the Administrator an unfair advantage and cause inconvenience and duplication of evidence; therefore exercise of discretion to bifurcate was refused and costs were ordered against the Administrator.

    • Separate trial of liability and quantum
    • Dependency under inheritance (provision for family and dependants) ordinance (cap 481)
    • Parentage/dna evidence
    • Discovery and abuse of process
    • Preliminary issues and case management