Chan Wan Yee v. Chan To Fun
Read the full judgment text of HCAP 2/2012 on BabelCite. This High Court CFI judgment was delivered on 28 March 2014.
1. The defendant has to show merits of the appeal before the judgment can be stayed. The defendant has not shown any merit. The application for interim stay pending the hearing of his application for stay is dismissed.
Cites 1 case
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HCAP 2/2012 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE PROBATE ACTION NO. 2 OF 2012 ____________
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_____________ D E C I S I O N _____________ 1.The defendant has to show merits of the appeal before the judgment can be stayed. The defendant has not shown any merit. The application for interim stay pending the hearing of his application for stay is dismissed. 2.The allegation that the plaintiff has in fact not served the written submissions on the defendant is not adjudicated by me today. The allegation of fabrication of will by the plaintiff has no merit in the light of my acceptance of the evidence of the solicitor, Ms Luo and the clerk, Mr Mak. The fact that the plaintiff is a resident of the Netherlands is not a ground for stay as she is merely the executor and trustee and one of the beneficiaries. The fact that the plaintiff is a foreign resident is not a sufficient ground for the interim stay.
Mr Edward M H Chan, instructed by Lee & Chow, for the Plaintiff The Defendant appeared in person | |||||||||||||||||||
Cases cited in this judgment
Further hearings and rulings under HCAP 2/2012