HCMP 582/2022

[2022] HKCFI 2942

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 582 OF 2022

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BETWEEN

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DECISION

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1.  This is the application by plaintiff (“P”) by Originating Summons to remove the 1^st defendant (“D1”) as the administrator of the estate of their mother (the “Estate”), rendering of an account, and delivery up of assets of the Estate.

2.  Each of the surviving beneficiaries of the Estate are either named as a party (the 1^st to 6^th defendants), or has written in to express consent to the application (see the copies of written consent exhibited as “CLM-16”).

3.  I have read the affirmation of service of Lau Ho Lam. I am satisfied that the process and all the necessary documents have been validly served upon the defendants. None of the defendants has filed any acknowledgement of service.

4.  I have read P’s affirmation in support filed on 13 May 2022.

5.  I have read the written submissions of Mr Max So of 18 September 2022 and the authorities cited therein, which include section 33 of the Probate and Administration Ordinance Cap 10, Tsang Wing Kwai v Tsang Wing Fai (No.2) [2019] 1 HKLRD 1300, Chan Yu Hong v Chan Kam Hong and others (HCMP 888/2013, 19 July 2017), Thian Sum v Yung Shui Tong [2019] HKCFI 2867, Re Estate of Lee Da Kor [2010] 1 HKLRD 415 and Wong Wing Sze Tiffany v Tsang Wing Fai [2019] 4 HKLRD 77.

6.  I am satisfied that valid grounds for the relief sought have been made out, which include substantial and unjustified delay in the administration of the Estate, and failure to keep and render account despite repeated requests.

7.  I allow the application and grant an order in terms of the draft order at pages 234 and 235 of the hearing bundle as amended (in particular on the question of costs).