Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Requisition compliance and waiver
  • 4 Nov 2004

    RE NORA LAW

    Citation
    RE NORA LAW
    Court
    Court of First Instance
    Case number
    HCAG931/2004

    The Registrar's requisitions were correctly raised because r53 NCPR requires a 'duly authenticated copy of the will' which the Certified Canadian Grant enclosing only a 'copy will' did not strictly satisfy; however r53 is permissive ('may') and the Court has discretion to accept alternative proof. In the specific circumstances the Master found the copy will to be a true and proper copy and, to avoid further time and cost and without creating precedent, waived the requisitions and permitted the application to proceed.