LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER

LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER

The business carried on by the deceased (Old Lin Fung) can form part of the estate; there is sufficient prima facie evidence that machinery/assets in the PRC were acquired by Old Lin Fung and are now registered in the name of New Lin Fung; because PRC procedural requirements mean the administratrix cannot deal with those assets unless she is registered as the sole proprietor of New Lin Fung, the court granted an Order under Order 85 directing the 2nd respondent to procure registration of the applicant as sole proprietor and to deliver documents so the estate can collect and assert its rights in the PRC.

Citation
LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER
Parties
Applicant (sole Administratix): LI LIM CHI DOROTHY; 1st Respondent: LIN FUNG INDUSTRIAL COMPANY; 2nd Respondent: LI KIN YAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 2016
Case Number
HCMP1695/2015
Procedural Posture
Miscellaneous Proceedings (originating Summons Under Order 85 Rhc) / Application for Administrative Relief; Judgment and Reasons Delivered
Outcome
Order granted in terms of paragraphs 2 and 3 of the amended originating summons; costs to applicant with certificate for two counsel subject to paragraph 6 of the order dated 20 January 2016
Legal Topics
Order 85 RHC, Sole Proprietorship on Death, Business Registration to Assert Foreign Assets, Delivery Up of Estate Assets, Related Civil Action HCA 2531/2015
Source Language
EN
Probate and Estate Administration Civil Procedure Cross Border/prc Law Commercial/business Registration Order 85 RHC Sole Proprietorship on Death Business Registration to Assert Foreign Assets Delivery Up of Estate Assets +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LI LIM CHI DOROTHY

Applicant (sole Administratix)

LIN FUNG INDUSTRIAL COMPANY

1st Respondent

LI KIN YAN

2nd Respondent

Procedural Posture

Miscellaneous Proceedings (originating Summons Under Order 85 Rhc) / Application for Administrative Relief; Judgment and Reasons Delivered

Legal Issues

  1. 1 Whether a sole proprietorship carried on by the deceased is an asset of his estate
  2. 2 Whether there is a prima facie case that machinery/assets in the PRC belong to the deceased’s business and are now registered in the name of New Lin Fung
  3. 3 Whether registration of the administratrix as sole proprietor of New Lin Fung is necessary and sufficient for the administratrix to collect or assert the estate’s rights in respect of PRC assets

Ratio Decidendi

The business carried on by the deceased (Old Lin Fung) can form part of the estate; there is sufficient prima facie evidence that machinery/assets in the PRC were acquired by Old Lin Fung and are now registered in the name of New Lin Fung; because PRC procedural requirements mean the administratrix cannot deal with those assets unless she is registered as the sole proprietor of New Lin Fung, the court granted an Order under Order 85 directing the 2nd respondent to procure registration of the applicant as sole proprietor and to deliver documents so the estate can collect and assert its rights in the PRC.

Court Disposition

Order granted in terms of paragraphs 2 and 3 of the amended originating summons; costs to applicant with certificate for two counsel subject to paragraph 6 of the order dated 20 January 2016

Orders

  • 2nd respondent to take all necessary steps to procure that the applicant be registered as sole proprietor of Lin Fung Industrial Company (New Lin Fung) with business registration number 50434564-000-01 and to deliver all documents relating to New Lin Fung to the applicant
  • Costs awarded to the applicant subject to the costs provision in paragraph 6 of the order dated 20 January 2016 with certificate for two counsel