8 Nov 2010
TAM WAI HUNG v. CHOW SIN KIM AND ANOTHER
- Citation
- TAM WAI HUNG v. CHOW SIN KIM AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1374/2010
The District Court (inclusive of the Family Court) has jurisdiction to hear applications under the Inheritance (Family Provision and Dependants) Ordinance irrespective of the monetary limits in DCO ss32-37 because the jurisdiction is conferred by the Ordinance and DCO s3(3) prevents importing those limits; therefore the case is to be transferred to and tried in the Family Court. Earlier decisions holding otherwise were per incuriam for failing to consider s3(3). The court also held the proceedings may continue in the absence of a representative of the estate and awarded costs in the cause tax…