LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS LTD

The court stayed further proceedings in the HCMP actions because the Probate Action HCAP 3/2010 directly raised the decisive issue of ownership of the shares; resolution of that probate claim was a precondition to determining entitlement to registration and dividends, and thus the proper course was to stay the actions pending the probate determination.

Citation
[2018] HKCFI 1481
Parties
Administratrix of the Estate of Ng Wai Jing (letters of Administration Ad Colligenda Bona Dated 15 October 2008): Lui Fung He; Defendant (one of the Chartersince Group Companies): Chartersince Surveyors (Hong Kong Commercial) Limited; Defendant (one of the Chartersince Group Companies): Chartersince I Realty Limited; Defendant (one of the Chartersince Group Companies): Chartersince Surveyors (Residential) Limited; Defendant (one of the Chartersince Group Companies): Chartersince Surveyors Limited; Defendant (one of the Chartersince Group Companies): Chartersince Surveyors (Kowloon Commercial) Limited; Other Registered Shareholder and Alleged Donee; Claimant in Probate Action HCAP 3/2010: Lo Li Li Lily; Deceased, Former Registered Shareholder: Ng Wai Jing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2018
Case Number
HCMP2015/2009
Procedural Posture
Shareholder Dispute Arising From Intestacy and Probate / Proceedings in the HCMP Actions Stayed Pending Determination of Related Probate Action HCAP 3/2010
Outcome
Proceedings in the HCMP actions were stayed pending determination of Probate Action HCAP 3/2010.
Legal Topics
Registration of Share Ownership, Dividend Account and Inquiry, Donatio Mortis Causa, Letters of Administration, Stay of Proceedings / Lis Pendens
Source Language
EN
Company Law Probate and Succession Equity and Trusts Civil Procedure Registration of Share Ownership Dividend Account and Inquiry Donatio Mortis Causa Letters of Administration +1 more

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Parties

Lui Fung He

Administratrix of the Estate of Ng Wai Jing (letters of Administration Ad Colligenda Bona Dated 15 October 2008)

Chartersince Surveyors (Hong Kong Commercial) Limited

Defendant (one of the Chartersince Group Companies)

Chartersince I Realty Limited

Defendant (one of the Chartersince Group Companies)

Chartersince Surveyors (Residential) Limited

Defendant (one of the Chartersince Group Companies)

Chartersince Surveyors Limited

Defendant (one of the Chartersince Group Companies)

Chartersince Surveyors (Kowloon Commercial) Limited

Defendant (one of the Chartersince Group Companies)

Lo Li Li Lily

Other Registered Shareholder and Alleged Donee; Claimant in Probate Action HCAP 3/2010

Ng Wai Jing

Deceased, Former Registered Shareholder

Procedural Posture

Shareholder Dispute Arising From Intestacy and Probate / Proceedings in the HCMP Actions Stayed Pending Determination of Related Probate Action HCAP 3/2010

Legal Issues

  1. 1 Whether the administratrix is entitled to be registered as shareholder of the Deceased's shares
  2. 2 Whether dividends declared since the Deceased's death belong to the estate and are payable to the administratrix
  3. 3 Whether the alleged donatio mortis causa from the Deceased to Ms Lo validly transferred legal and beneficial title

Ratio Decidendi

The court stayed further proceedings in the HCMP actions because the Probate Action HCAP 3/2010 directly raised the decisive issue of ownership of the shares; resolution of that probate claim was a precondition to determining entitlement to registration and dividends, and thus the proper course was to stay the actions pending the probate determination.

Court Disposition

Proceedings in the HCMP actions were stayed pending determination of Probate Action HCAP 3/2010.

Orders

  • Stay of all further proceedings in the HCMP actions pending determination of Probate Action HCAP 3/2010.