CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS

Because the proposed representative action involved an unincorporated association whose membership identities were withheld (constituting abuse of process), the Secretary for Justice already represented the public interest in the charitable aspect of the dispute, the applicant had no arguable personal interest in the estate and lacked legal representation and capacity to assist the court, the application to join as an additional defendant/intervener was dismissed.

Citation
CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND OTHERS
Parties
Intended Intervenor / Applicant (litigant in Person): Ma Pui Tung; Interested Party / Guardian of Public Interest: Secretary for Justice; 3rd Defendant: N SHIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2009
Case Number
HCAP8/2007
Procedural Posture
Probate Action / Interlocutory Application to Join/intervene Heard in Chambers
Outcome
Application to be joined as additional defendant/intervener dismissed
Legal Topics
Intervention, Joinder, Representative Actions, Locus Standi, Abuse of Process, Role of Public Prosecutor/secretary for Justice, Costs
Source Language
EN
Probate Civil Procedure Charity Law Public Interest Litigation Intervention Joinder Representative Actions Locus Standi +3 more

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Parties

Ma Pui Tung

Intended Intervenor / Applicant (litigant in Person)

Secretary for Justice

Interested Party / Guardian of Public Interest

N SHIN

3rd Defendant

Procedural Posture

Probate Action / Interlocutory Application to Join/intervene Heard in Chambers

Legal Issues

  1. 1 Whether an unincorporated association can be joined as a representative without disclosing member identities
  2. 2 Whether an individual member of the public has standing to intervene in a probate matter on alleged public interest grounds
  3. 3 Whether the Secretary for Justice adequately represents public interest in charitable elements of wills

Ratio Decidendi

Because the proposed representative action involved an unincorporated association whose membership identities were withheld (constituting abuse of process), the Secretary for Justice already represented the public interest in the charitable aspect of the dispute, the applicant had no arguable personal interest in the estate and lacked legal representation and capacity to assist the court, the application to join as an additional defendant/intervener was dismissed.

Court Disposition

Application to be joined as additional defendant/intervener dismissed

Orders

  • Application dismissed
  • No order as to costs