Hong Kong Lawyer | Summary Judgment in Probate: A Tale of Two Approaches to Trial
Today we go through these two contrasting cases. It first analyses the Court of Appeal’s definitive reversal of a summary judgment in Chiu Mei Cherry. It then offers a critical perspective on the judgment in Liu Zujian, questioning whether, in its pursuit of a pragmatic outcome, the court adopted a methodology that eschews the very principles articulated in the higher court. Together, the cases provide a nuanced map of the current judicial landscape and offer vital practical guidance for solicitors.