Read the full judgment text of FAMV 000018/2001 on BabelCite. This FAMV judgment was delivered on 2 August 2001 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Mortimer NPJ.
Civil procedure – stay of proceedings – criminal investigation – probate action – right to silence – privilege against self-incrimination – leave to appeal – Court of Final Appeal – The deceased's father sought to propound a 1968 will, while the deceased's wife sought to propound a 1990 will – The father alleged the 1990 will was a forgery and reported it to the police – The wife applied for a stay of the probate action pending the criminal investigation – Yam J refused a stay but ordered in camera hearing – Court of Appeal reversed the in camera order but affirmed refusal of stay – Wife sought leave to appeal to Court of Final Appeal – Whether the Court of Appeal properly exercised its discretion to refuse a stay – Court of Final Appeal held that the Court of Appeal correctly recognized the discretion and exercised it properly – Leave to appeal refused – Costs awarded to the father-in-law.
Legal issues: Stay of civil proceedings pending criminal investigation
Outcome: Leave to appeal to the Court of Final Appeal refused.