Hong Kong Case Law: Decisions & Judgments

15 Jul 2024

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, the administratrix of the estate of the Deceased AND ANOTHER

Citation: [2024] HKCFI 1811
Court: Court of First Instance
Case number: HCAP25/2019

Court held there was insufficient evidence that the deceased lacked the mental capacity to consent to marry on 2 September 1999; the marriage satisfied formal requirements and is recognised under IEO; no adequate evidence of duress/undue influence; substituted service application by D1 involved non-disclosure of other means of contacting P and therefore the substituted service order should be set aside; consequently the letters of administration granted to D1 are called in and revoked under s33 PAO; D1 is removed as administratrix for conflict/failure to account and an independent professiona…

SHU WING LI v. YEUNG SIU LING, AMY

Citation

SHU WING LI v. YEUNG SIU LING, AMY

Court

Court of Appeal

Case number

CACV42/1994

On the evidence the trial judge correctly found the petitioner had given proper consent and there was no evidence that the marriage had not been consummated owing to incapacity within s.20(2)(a); absence of evidence of failed attempts or medical proof meant the petition for nullity could not succeed, so the appeal is dismissed.