Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural irregularity and curative discretion
  • 29 Jun 2009

    WU CHIU MUI v. WU CHAK MAN

    Citation
    WU CHIU MUI v. WU CHAK MAN
    Court
    Court of First Instance
    Case number
    HCMP2170/2008

    The Master exercised his discretion to cure the procedural irregularity by treating the originating summons as if it were a summons under rule 25(2) NCPR because the originating summons had been duly served, the Son and his solicitors failed to oppose or show intent to proceed, and no prejudice would result; having regard to the Son's inaction and the benefit to the estate, the Daughter was deemed a more suitable person to apply for the grant and directed to be issued the grant once entitlement is shown, with directions given for withdrawal or further submissions concerning the existing Son's…