MUI PO CHU v. MOI OAK WAH

FAMV000020/1998

FAMV No. 20 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 20 OF 1998 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV Nos. 103 OF 1997, CACV 85 OF 1998,
CACV 89 OF 1998 and CACV 90 OF 1998)

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Between:
MUI PO CHU Applicant
AND
MOI OAK WAH Respondent

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Appeal Committee: Chief Justice Li, Mr Justice Ching, PJ and Mr Justice Bokhary, PJ

Date of Hearing: 11 December 1998

Date of Determination: 11 December 1998

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D E T E R M I N A T I O N

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Chief Justice Li:

1. This is the determination of the Appeal Committee.

2. The applicant is the respondent’s daughter. The respondent is the administrator of the estate of his late wife, the applicant’s mother.The litigation between the applicant and her father, the respondent has arisen out of the administration of that estate. The litigationhas been protracted with many applications and appeals by the applicant.

3. Here, the applicant is seeking leave to appeal against judgments of the Court of Appeal given on 12 June 1997 in CACV No 103 of 1997and on 26 June 1998 in CACV Nos 85, 89 and 90 of 1998. The background to these appeals are fully set out in the judgments of theCourt of Appeal and need not be repeated here.

4. In our view, we do not have before us materials which satisfy us that the applicant has brought herself within the statutory provisionsfor leave to appeal to be granted. Accordingly, we dismiss her application for leave.

( Andrew Li ) ( Charles Ching ) ( Kemal Bokhary )
Chief Justice Permanent Judge Permanent Judge

Representation:

Applicant Mui Po Chu in person

Respondent Moi Oak Wah in person