Hong Kong Case Law: Decisions & Judgments

Topic

Inheritance (provision for family and dependants) ordinance

Legal area

Court

30 Jul 2012

CHAN SIU MAN v. LAM JENNY AND OTHERS

Citation

CHAN SIU MAN v. LAM JENNY AND OTHERS
Court

Court of First Instance
Case number

HCMP1282/2010

The claim under the Ordinance disclosed no reasonable cause of action that survived the applicant's death because the Ordinance only confers the right to apply (locus) and does not create an enforceable right to provision at the date of death; therefore the personal representative's application to carry on was unarguable and must be struck out (LARCO s20(1) does not preserve mere statutory application rights).
29 Mar 2012

RE WAN PO JUN MARY PAULINE

Citation

RE WAN PO JUN MARY PAULINE
Court

Court of Appeal
Case number

CACV78/2011

The Court of Appeal upheld the bankruptcy order because the taxed costs constituted immediately payable debts that met the statutory threshold, the statutory demand was not complied with, and the lower court properly exercised its discretion after weighing the amounts, the merits of the bankrupt's outstanding claims and her litigation conduct; the automatic stay and trustees' control over continuation of proceedings did not render the bankruptcy order inappropriate.
11 Mar 2010

AU-YEUNG YEE MAN v. WAN PO JUN MARY PAULINE

Citation

AU-YEUNG YEE MAN v. WAN PO JUN MARY PAULINE
Court

Court of First Instance
Case number

HCAP19/2008

The summons was dismissed because the substantive action had already been concluded making the application impermissible; moreover, no sufficient grounds existed to restrain the executrix from administering the will and the defendant's complaints were matters already before the High Court in HCA1478/2009; costs awarded to plaintiff.

Hong Kong Case Law

CHAN SIU MAN v. LAM JENNY AND OTHERS

RE WAN PO JUN MARY PAULINE

AU-YEUNG YEE MAN v. WAN PO JUN MARY PAULINE