4 Mar 2011
MARY TUNG v. CHENG KAM WAH AND OTHERS
- Citation
- MARY TUNG v. CHENG KAM WAH AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1676/2009
Because the proposed revocation claim transformed the character of the proceedings into a probate action raising substantial factual disputes, requiring expert evidence and cross-examination, and because statutory and practice requirements (Order 76 Rule 2 and Practice Direction 20.2) demand a writ endorsed and notified to the Probate Registry, the originating summons procedure was inappropriate; the proper course is for the plaintiff to commence a fresh probate action by writ, so the originating summons is dismissed without prejudice and costs ordered against the plaintiff for specified item…