13 Sept 2017
CHAN MAN PAN, the sole executor of the Estate of CHAN LAP PAN, deceased v. FU FUNG YAN CAFORNIA
- Citation
- CHAN MAN PAN, the sole executor of the Estate of CHAN LAP PAN, deceased v. FU FUNG YAN CAFORNIA
- Court
- Court of Appeal
- Case number
- CACV29/2017
The appeal is allowed and the Beddoe order is set aside because the judge wrongly exercised his discretion by relying on irrelevant considerations (chiefly the need to carry out the deceased’s wish and a lifetime hypothetical), failing to consider injustice to the claimant and the executor’s means and failing to consider joinder of beneficiaries; on a correct exercise of discretion a Beddoe order should not have been granted.