Kong Se Ping David and Others v. Kong James Han Boon

HCMP 2173/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2173 OF 2013

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BETWEEN

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DECISION

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1.This is the plaintiffs’ application for, inter alia, the executor’s accounts of the assets and the executor to be replaced by the 1^st plaintiff.

2.The defendant has appeared before this Court in respect of the plaintiffs’ application for an order in terms as set out in the Originating Summons filed on 28 August 2013.

3.The 1^st plaintiff has filed his affirmations in support of his application.  He had obtained the consent of the 2^nd and the 3^rd plaintiffs to be nominated as the sole executor of the deceased’s estate.

4.The defendant, having filing no affidavit of opposition, now confirms before this Court that he has no objection to the application in terms of the Originating Summons.

5.He asks for 10 days to comply with paragraph 1 of the Originating Summons.  The plaintiffs have no objection to his proposal.

6.By consent of the parties, this Court makes an order in terms as follows:

a. As per paragraphs 1, 3, and 5 of the Originating Summons; as to 5, there be a certificate for counsel and the total costs up to date are assessed at $140,000, to be paid by the defendant on or before 30 June 2014;

b. By virtue of section 33(3) of the Probate and Administration Ordinance, Cap. 10, the properties of the estate of the late Kong Han Boon as specified in the Schedule of Assets and Liabilities attached to the Probate dated 20 January 2010 be by this order vested in the 1^st plaintiff as the substituted executor of the estate.

Mr Samuel Yip, instructed by Johnny K.K. Leung & Co, for the plaintiffs

The defendant appeared in person