IP CHEUNG KWOK v. IP SIU BUN AND OTHERS

IP CHEUNG KWOK v. IP SIU BUN AND OTHERS

The Master's dismissal of the summons to proceed was wrong: once the judge had made an order for an account and inquiry (17 October 1988) the Plaintiff, who had carriage of that order, was entitled to prosecute it; the Master's function was to give directions for carrying out the order and not to rehear or nullify it. The appeal is allowed, the Master's decision set aside, and specific directions and timelines are ordered (with an extension to 90 days to accommodate the pending appeal).

Citation
IP CHEUNG KWOK v. IP SIU BUN AND OTHERS
Parties
Plaintiff (original Action): IP CHEUNG KWOK; 1st Defendant (original Action): IP SIU BUN; 2nd Defendant (original Action): IP CHEUNG KIT YEE; 3rd Defendant (original Action): IP SIU KONG (or KWONG); 4th Defendant (original Action): SIN HUA BANK TRUSTEE LIMITED; Plaintiff (counterclaim): SIN HUA BANK TRUSTEE LIMITED; 1st Defendant (counterclaim): IP CHEUNG KWOK; 2nd Defendant (counterclaim): THE ATTORNEY GENERAL; 3rd Defendant (counterclaim): IP SIU BUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 1989
Case Number
HCA7440/1984
Procedural Posture
Civil Trusts and Probate / Post‑judgment Interlocutory Appeal (appeal From Master's Decision to Dismiss Summons to Proceed With Court‑ordered Account and Inquiry)
Outcome
Appeal allowed; Master's decision dismissed; directions for the conduct of the account and inquiry issued; costs of the abortive Master hearing and this appeal to be paid by Sin Hua Bank Trustee Limited out of its own funds; taxation of those costs deferred until determination of the bank's appeal (leave required...
Legal Topics
Account and Inquiry, Locus Standi, Grant of Representation, Order for Sale, Directions for Account, Costs
Source Language
EN
Trusts Probate Civil Procedure Appeal Account and Inquiry Locus Standi Grant of Representation Order for Sale +2 more

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Parties

IP CHEUNG KWOK

Plaintiff (original Action)

IP SIU BUN

1st Defendant (original Action)

IP CHEUNG KIT YEE

2nd Defendant (original Action)

IP SIU KONG (or KWONG)

3rd Defendant (original Action)

SIN HUA BANK TRUSTEE LIMITED

4th Defendant (original Action)

SIN HUA BANK TRUSTEE LIMITED

Plaintiff (counterclaim)

IP CHEUNG KWOK

1st Defendant (counterclaim)

THE ATTORNEY GENERAL

2nd Defendant (counterclaim)

IP SIU BUN

3rd Defendant (counterclaim)

Procedural Posture

Civil Trusts and Probate / Post‑judgment Interlocutory Appeal (appeal From Master's Decision to Dismiss Summons to Proceed With Court‑ordered Account and Inquiry)

Legal Issues

  1. 1 Whether plaintiff without grant of representation has locus standi to prosecute an account and inquiry ordered by the court
  2. 2 Whether the Master erred in dismissing the summons to proceed with the court order for an account and inquiry
  3. 3 Proper procedural directions and timelines for carrying out an account and inquiry

Ratio Decidendi

The Master's dismissal of the summons to proceed was wrong: once the judge had made an order for an account and inquiry (17 October 1988) the Plaintiff, who had carriage of that order, was entitled to prosecute it; the Master's function was to give directions for carrying out the order and not to rehear or nullify it. The appeal is allowed, the Master's decision set aside, and specific directions and timelines are ordered (with an extension to 90 days to accommodate the pending appeal).

Court Disposition

Appeal allowed; Master's decision dismissed; directions for the conduct of the account and inquiry issued; costs of the abortive Master hearing and this appeal to be paid by Sin Hua Bank Trustee Limited out of its own funds; taxation of those costs deferred until determination of the bank's appeal (leave required...

Orders

  • All interlocutory applications in these proceedings to be made to the Judge so far as practicable
  • Each of the Defendants Ip Siu Bun, Ip Cheung Kit Yee and Sin Hua Bank Trustee Limited to file respective accounts in Chambers within 90 days after service of the Order showing receipts, disbursements, payors/payees, dates and balances together with an affirmation verifying same