Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Donation mortis causa
  • 20 Nov 2014

    LO LI LI LILY v. LUI FUNG HE

    Citation
    LO LI LI LILY v. LUI FUNG HE
    Court
    Court of First Instance
    Case number
    HCAP24/2013

    The 2013 Probate Action was struck out because the challenge to the defendant's ad colligenda bona grant based on the place of death could not succeed — an ACB grant is a limited interim protective instrument that does not depend on the precise place of death; consequently the stay application became academic and was dismissed; discovery was ordered in limited scope because existence, relevancy and possession were prima facie established and the documents were necessary for fair disposal and to save costs.

  • 20 Nov 2014

    LO LI LI LILY v. LUI FUNG HE

    Citation
    LO LI LI LILY v. LUI FUNG HE
    Court
    Court of First Instance
    Case number
    HCAP3/2010

    The court struck out HCAP 24/2013 because the challenge to the ACB grant was bound to fail: an ACB grant is a limited interim protective instrument whose validity for interim protection is not affected by the precise place of death; accordingly the striking out was justified. The stay application became academic and was dismissed. Discovery was ordered in a limited form because the requested correspondence and accounting documents prima facie existed, were relevant to the plaintiff's proprietary estoppel claim, were or could be in the plaintiff's possession or power, and the disclosure was ne…