First round to Nina Wang’s siblings

Chinachem Charitable Foundation was accused yesterday of possibly having a “different agenda” when it asked for more time to respond to fung shui master Tony Chan Chun-chuen’s demand to be awarded Nina Wang Kung Yu-sum’s entire estate.

ninawang-20080117.JPGChan’s lawyer, Jonathan Midgley, told the High Court it should not be drawn into “smaller incremental time lapses” by the foundation that would delay a speedy trial. “We want to draw a line in the sand and let the courts know. The charity may have a different agenda as to why they are not in a faster forward mode,” Midgley said.

Master Jack Wong Kin-tong overruled the objection, granting the charity a further extension until next Friday to prepare its response to Chan’s claim to Wang’s estate. A previous 16-day extension had been agreed by the two sides.

Objecting to the latest delay, Midgley said if the other parties cannot settle, “this should go to trial as soon as possible because the matters which would be subject to trial are simply stated.” Midgley argued that another delay would cause “an inherent prejudice” to Chan because each passing day means he lacks control over the estate and entitlement to the shares he had been bestowed. The lawyer added that Wang, who used to be one of Asia’s richest women, had died in April and that there was nothing in Chan’s claim that could have been surprising. Wang’s assets had been estimated at HK$100 billion.

Mandy Choi Man-lei, the foundation’s lawyer, said the extra time was needed so that its reply to Chan’s claim could be heard together with another counterclaim by Wang’s father-in-law, Wang Din- shin, which was also scheduled for next Friday. Choi argued that the extra time would ensure a well-pleaded case, which was in the best interests of all parties involved.

“This is essentially a case-management matter. Pleadings are important legal decisions because they identify issues to be disputed before the court, hence they should be carefully prepared,” Wong said in granting the extension. He added similar pleadings should be filed together and that the prejudice alleged by Chan could be compensated by court orders.

Speaking outside court, Midgley said Chan is not opposed to reaching an out-of-court settlement. “Our intention is to settle the matter,” Midgley said. “It is so sad that there should be litigation over a deceased person. When there is litigation between family and friends, it’s the worst type.”

Chan claims to be the sole heir in a will drafted by Wang, who died on April 3 at the age of 69. The foundation, run mainly by her siblings, claims it is the beneficiary based on a 2002 will. Before her death, Wang was embroiled in a lengthy legal fight with her father-in-law, which culminated in her being awarded the estate of her late husband, Teddy Wang Teh-huei. Another party in the case is the secretary for justice, who intervened in July as protector of charities by lodging a caveat to Nina Wang’s will.

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