10 May 2010
LU SEN MOON HWA v. LU CHUNG CHUN
- Citation
- LU SEN MOON HWA v. LU CHUNG CHUN
- Court
- Court of First Instance
- Case number
- HCMP847/2010
The court held that the Mother, as the surviving spouse and likely personal representative with the highest priority to apply for administration, had the best legal claim to possession of the deceased's body; there was a high degree of assurance she would succeed at trial, damages were inadequate and the balance of convenience favoured granting mandatory and prohibitory interlocutory injunctions to enable her to obtain the body and conduct the funeral and burial in Hong Kong; the Youngest Son was restrained from obstructing or claiming entitlement and ordered to deliver the deceased's HKID.