Re Wong Kam Shing

HCAG 3566/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPLICATION FOR GRANT NO 3566 OF 2012

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D E C I S I O N

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1.This hearing is to resolve the disputes over the caveat filed in this application.

2.There was a caveat filed by Wong Ka Tsun (“the Caveator”) under rule 44 of the Non-Contentious Probate Rules (Cap.10A) against the application for a grant of administration of the estate of the deceased Wong Kam Shing ( 黃金城 ) by Madam Lin Xinzhen ( 林杏珍) (“Madam Lin”).

3.The Caveator applied for a grant of administration of the deceased’s estate alongside with Madam Lin or on his own.

4.Madam Lin had filed a summons on 21 January 2013 for the dismissal of the Caveator’s application together with an affirmation filed on 21 January 2013 in opposition.

5.There was therefore a dispute over the appointment of the administrator/administrators for the administration of the deceased’s estate.

6.Ms. Mak, solicitor of Messrs. Wong, Hui & Co. acts for the Caveator.   Mr. Leung, solicitor of Messrs. Li, Wong, Lam & W.I. Cheung acts for Madam Lin.

7.Messrs. Cheung & Choy, solicitors, had filed a Notice of Change of Solicitors dated 2 August 2013 with the court in relation to this matter.  By their letter dated 30 October 2013, this firm of solicitors said that the Notice was a mistake and asked the court to disregard it.

8.By a letter dated 8 May 2014, Madam Lin’s solicitors enclosed a copy consent summons between it and the Caveator’s solicitors containing the terms of settlement of the disputes over the appointment of the administrator by way of appointment of an independent administrator under section 36 of the Probate Administration Ordinance (Cap. 10) for the court’s attention.

9.Because of Mr. Cheung’s mistake in filing and serving the Notice of Change of Solicitors, there was an issue taken by the Caveator that Mr. Cheung should not be acting as the independent administrator.  There is a dispute over the application for the discharge of Mr. Cheung to be replaced by another solicitor agreed by Madam Lin and the Caveator.

10.The parties ask for a short adjournment for negotiation over the above issue, which request was acceded to.  After the adjournment, the parties confirm that they have reached an agreement over the matter and they agree that an order in the following terms should be made for the resolution of their disputes:

a. the Caveat filed by the Caveator dated 2 February 2012 shall cease to have effect forthwith;

b. the Appearance to Warning entered by the Caveator on 4 May 2012 be withdrawn;

c. leave be granted to Messrs. Cheung & Choy to withdraw its Notice of Change of Solicitors filed on 2 August 2013 in the Applicant’s application for Letters of Administration in respect of the estate of the deceased in Application No. HCAG3566/2012, with costs to be paid by Mr. Cheung to the Caveator, assessed at $2,000 under Order 62 rule 9A of RHC to be paid within 14 days from the date hereof;

d. the Applicant do have leave to withdraw her application for Letters of Administration in respect of the estate of the deceased in Application No. HCAG3566/2012;

e. all the related original certificates filed by the Applicant in the Application No. HCAG3566/2012 be released to her solicitors, Messrs. Li, Wong, Lam & W. I. Cheung;

f. subject to the filing of all requisite papers leading to a grant of representation to the estate of Wong Kam Shing ( 黃金城 ), deceased, and the compliance with requirement of the Registrar of the Probate Registry, Mr. Lam Yiu Cheong of Messrs. Lam, Lee and Lai, is to be appointed by this Court as an independent administrator under section 36 of the Probate Administration Ordinance (Cap. 10) to administer the estate of the said deceased; and

g. there be no order as to costs in relation to the Caveat proceedings and the costs of this application and parties shall bear their own costs.

11.By consent of the parties, the above are made in terms of this order, which I now make.

(K.W. Lung) Registrar, High Court

Ms. C. Mak, of  Wong, Hui & Co., for the caveator

Mr. S. Leung, of  Li, Wong, Lam & W.I. Cheung, for the applicant

Mr. S.Cheung, of Cheung & Choy, for the independent solicitor administrator