Read the full judgment text of CACV 2/2009 on BabelCite. This Court of Appeal judgment was delivered on 9 October 2020 before Hon Lam VP and Chu JA.
Civil procedure – appeal – representation order – locus standi – estate – probate action – costs – The Plaintiff appealed against an order appointing her as representative of the deceased's estate. The Court of Appeal had adjourned the appeal pending the final determination of a probate action. The probate action was finally determined, with the 2nd Defendant declared the lawful adopted daughter of the deceased and the Plaintiff having no interest in the estate. The Court of Appeal held that the Plaintiff lacked locus standi to represent the estate, set aside the representation order, struck out the originating summons, and ordered the Plaintiff to pay the 2nd Defendant's costs of the appeal and below, except for the costs of a specific hearing where each party bore their own costs.
Legal issues: Utility of appeal after final determination of probate action
Outcome: Appeal allowed; representation order set aside; originating summons struck out.
Cited by 5 cases · Cites 4 cases