CHAN WAN YEE
CHAN TO FUN
Mr Edward M H Chan
HCAP 2B/2012
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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IN THE ESTATE OF SIN HING, late of Room 312, Man Lok House, Tai Hang Sai Estate, Shek Kip Mei, Kowloon, Hong Kong, Widow, Deceased
BETWEEN
and
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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