NORMAN CHUI PAK MING AND ANOTHER v. ROBERT LEUNG SAI LUN AND OTHERS

NORMAN CHUI PAK MING AND ANOTHER v. ROBERT LEUNG SAI LUN AND OTHERS

The court granted the Beddoe order in part: it was reasonable and proper for the administrators to commence proceedings against the 5th and 8th Defendants and to be indemnified out of the estate for costs incurred, but refused leave to sue the 6th Defendant as unnecessary; the court conditioned the indemnity and procedure to avoid injustice (restrictions on steps after discovery, closed materials to remain sealed, listing before a judge who shall not see closed materials, and a 7‑day period before perfecting the order).

Citation
NORMAN CHUI PAK MING AND ANOTHER v. ROBERT LEUNG SAI LUN AND OTHERS
Parties
Plaintiff Joint Administrator: Norman Chui Pak Ming; Plaintiff Joint Administrator: Herbert Tsoi Hak Kong; Defendant Beneficiary (1st): Robert Leung Sai Lun; Defendant Beneficiary (2nd): Dennis Leung Sai Tat; Defendant Beneficiary (3rd): Eric Leung Sai Cheung; Defendant Beneficiary (4th): Lina Leung Seen Yee; Defendant Beneficiary (5th): Leung May Ling; Defendant Beneficiary (6th): Jacqueline Leung Seen Man; Defendant Beneficiary (7th): Rebecca Leung Seen Wei; Defendant Beneficiary (8th): Alfred Leung Sai Kit
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 2000
Case Number
HCMP7845/1999
Procedural Posture
Estate Administration Beddoe Application / Chambers Hearing and Decision Granting Order in Part
Outcome
Beddoe order granted in part
Legal Topics
Beddoe Order, Indemnity Out of Estate, Undue Influence, Resulting Trust, Knowing Assistance, Intestacy, Costs Allocation
Source Language
EN
Probate Trusts and Equity Civil Procedure Estate Administration Beddoe Order Indemnity Out of Estate Undue Influence Resulting Trust +3 more

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Parties

Norman Chui Pak Ming

Plaintiff Joint Administrator

Herbert Tsoi Hak Kong

Plaintiff Joint Administrator

Robert Leung Sai Lun

Defendant Beneficiary (1st)

Dennis Leung Sai Tat

Defendant Beneficiary (2nd)

Eric Leung Sai Cheung

Defendant Beneficiary (3rd)

Lina Leung Seen Yee

Defendant Beneficiary (4th)

Leung May Ling

Defendant Beneficiary (5th)

Jacqueline Leung Seen Man

Defendant Beneficiary (6th)

Rebecca Leung Seen Wei

Defendant Beneficiary (7th)

Alfred Leung Sai Kit

Defendant Beneficiary (8th)

Procedural Posture

Estate Administration Beddoe Application / Chambers Hearing and Decision Granting Order in Part

Legal Issues

  1. 1 Whether administrators should be granted leave (Beddoe order) and indemnity to commence proceedings against the 5th and 8th Defendants
  2. 2 Whether proceedings against the 6th Defendant for knowing assistance are necessary or should be refused
  3. 3 Whether indemnity out of the estate would cause injustice to beneficiaries (who would bear a proportion of costs)

Ratio Decidendi

The court granted the Beddoe order in part: it was reasonable and proper for the administrators to commence proceedings against the 5th and 8th Defendants and to be indemnified out of the estate for costs incurred, but refused leave to sue the 6th Defendant as unnecessary; the court conditioned the indemnity and procedure to avoid injustice (restrictions on steps after discovery, closed materials to remain sealed, listing before a judge who shall not see closed materials, and a 7‑day period before perfecting the order).

Court Disposition

Beddoe order granted in part

Orders

  • Leave granted to the Administrators to institute proceedings against the 5th and 8th Defendants and to be indemnified out of the Estate for costs incurred in those proceedings
  • Leave refused for proceedings against the 6th Defendant