Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retraction of renunciation

  • 17 Apr 2013

    CHAN SAU HEUNG v. KWAN SIU FAI

    Citation
    CHAN SAU HEUNG v. KWAN SIU FAI
    Court
    Court of First Instance
    Case number
    HCMP2620/2012

    The Grant was revoked and a fresh grant ordered to the plaintiff because the defendant had shown himself unfit and uncooperative, had refused to administer the estate and to lodge the Grant with the court, creating a real risk of further delay; removal alone would not ensure timely administration because the defendant would likely fail to lodge the Grant, therefore revocation and a fresh grant upon the plaintiff's retraction of renunciation and compliance with formalities was necessary; indemnity costs were awarded against the defendant personally.

  • 5 Mar 2010

    CHIU TAK KWONG v. TAN YUFANG

    Citation
    CHIU TAK KWONG v. TAN YUFANG
    Court
    Court of First Instance
    Case number
    HCAP9/2006

    The court found on the evidence that the defendant signed the Agreement and Renunciation as a result of duress and undue influence by Tak Sing and Yuk Chun (acting with other elder siblings), making the Agreement voidable and the Renunciation retractable; accordingly the Agreement was set aside, the Renunciation retracted and letters of administration were granted to the defendant and a nominated co-administrator, and the estate was ordered to be distributed under section 4(3) IEO; costs were awarded to the defendant on an indemnity basis and an order nisi issued to consider joinder of other…