Read the full judgment text of CAMP 65/2018 and CACV 346/2018 on BabelCite. This Court of Appeal judgment was delivered on 18 October 2018 before Lam VP, Yuen JA, Kwan JA.
Civil procedure – probate – leave to appeal to Court of Final Appeal – 'otherwise' limb – s.22(1)(b) Hong Kong Court of Final Appeal Ordinance (Cap 484) – in rem nature of probate action – notice of action under Order 15 rule 13A – binding effect of judgment – extension of time to set aside judgment – delay – rolled-up hearing – fairness – costs – summary assessment – Court of Appeal dismissed intended intervener's application for leave to appeal to the CFA under the 'otherwise' limb, finding no arguable ground as the intended intervener was aware of the probate action, served with a notice of action, and failed to join as a party, making the judgment binding; her delay in applying to set aside was unjustifiable; the rolled-up procedure was fair; application dismissed with costs summarily assessed at $178,520.
Legal issues: Leave to appeal to Court of Final Appeal under 'otherwise' limb
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
Cited by 7 cases · Cites 1 case