22 Jun 2021
NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. CHARM INVESTMENTS LTD AND ANOTHER
- Citation
- [2021] HKCFI 1787
- Court
- Court of First Instance
- Case number
- HCA635/2019
Lodgement of the grant did not automatically deprive the executrix of standing and did not mandate a stay; the court must exercise discretion considering whether the probate action would be dispositive and the balance of convenience; on the facts the defendants failed to show the probate action would render the Share and Property Actions academic, the defendants had delayed progressing the probate appeal, the matters and parties differ and the plaintiff’s advanced age weighed strongly against delay — accordingly the stay applications were dismissed and the APL applications adjourned sine die.