20 Dec 2012
LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS
- Citation
- LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV34/2012
The court held that the deceased's right to enforce the implied undertaking in ancillary relief proceedings survives death and passes to the executors under s20; executors are entitled to appear in the disclosure application to assist the court but must adopt a neutral stance and not actively oppose the beneficiary's application; the Beddoe Order was varied to permit executors to appear neutrally and to be indemnified for costs incurred in that neutral role; the deputy judge's orders requiring the beneficiary to pay the executors' hearing costs were set aside and costs reallocated to the esta…