WONG ZHONG LAN XIANG AND OTHERS v. FRANK WONG AND OTHERS

HCAP 900002/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PROBATE ACTION NO. 900002 OF 1995

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J U D G M E N T

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1. On 18 April 2002 I handed down judgment after trial in this action. In my judgment, I make an order that letters of administration be granted to Mr Frank Wong or his lawful attorney subject to such conditions as the Probate Registry may see fit to impose as a matter of normal practice in the case of a foreign administrator or representation by attorney. The Plaintiffs are not happy with my judgment and have filed a Notice of Appeal. The matter will be heard by the Court of Appeal in December this year.

2. By a Summons dated 29 May 2002, the Plaintiffs apply for various relief pending the outcome of the appeal. At today's hearing, Ms Ng, counsel for the Plaintiffs, indicates to me that the Plaintiffs are not pursuing any save one of the relief prayed for in the Summons. This relates to an application for the grant of letters of administration in favour of Mr Frank Wong or his attorney be stayed pending the outcome of the appeal.

3. Having read Ms Ng's skeleton argument and having heard submission from Ms Ng, I am not persuaded that a case for staying the grant of letters of administration has been made out. As I said, the Defendants are successful in the action. I take it as a general principle that a successful party should not be lightly deprived of the fruits of his judgment just because the losing party has taken out an appeal.

4. Ms Ng refers to the possible waste of costs in revoking any grant that may be made by the Probate Registry in favour of Mr Frank Wong or his attorney pending the appeal, if the eventual outcome of the appeal is against Mr Frank Wong. But she accepts during submission that because of a caveat entered by the Government, any application for the grant of letters of administration is unlikely to be completed before the hearing of the appeal. In any event, weighing the possible costs involved in the revocation of any grant if the appeal is successful against the potential prejudice to the Defendants in depriving them of the fruits of their judgment, I am clearly of the view that there are no special circumstances in the present case justifying the grant of any stay of the grant of letters of administration pursuant to the judgment that I have given.

5. So for all these reasons, I refuse the present application. I also make an order that the Plaintiffs pay to the Defendants the costs of this application to be taxed if not agreed.