Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Probate counterclaim

Legal area

Court

28 Feb 2018

JEN KIT JOSEPHINE, THE ADMINISTRATRIX FOR THE ESTATE OF JEN FRANK CHIA HSIANG, DECEASED v. CHAN SAU WAI SHIRLEY

Citation

[2018] HKCFI 429
Court

Court of First Instance
Case number

HCA346/2014

The court exercised its case management discretion to consolidate HCMP 106/2017 with HCA 346/2014 and to treat the HCMP as if begun by writ because the two proceedings raised largely common questions of fact and law, consolidation would save time and costs, and the originating summons procedure was inappropriate for matters likely to be contested; the court granted leave to amend consolidated pleadings, fixed case management directions and reserved costs.
28 Feb 2018

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, THE ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ANOTHER

Citation

[2018] HKCFI 429
Court

Court of First Instance
Case number

HCMP106/2017

The court ordered consolidation of the High Court Action and the HCMP Action because they raise largely common questions of law and fact, the HCMP should proceed as if begun by writ, existing amended pleadings shall stand as consolidated pleadings with leave to further amend within fixed periods, a case management conference shall be fixed, and costs of the interlocutory summonses and HCMP up to consolidation are reserved due to shared procedural misconceptions and conduct by both parties.