CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER

Yip is a necessary and proper party because the causes of action are vested in the deceased's estates and only court‑appointed administratrices can prosecute them; Yip's office had not been revoked and beneficiaries consented to her role, and practical difficulties of the insurer did not justify striking her out; accordingly the Master's order was set aside and the appeal allowed.

Citation
CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER
Parties
1st Plaintiff: CHAN KING WAN; 1st Plaintiff: YIP SIU YIN; 2nd Plaintiff: POON CHUNG KAM; 2nd Plaintiff: NG WAI LING; 1st Defendant: HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED; 2nd Defendant: KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 1998
Case Number
HCPI1269/1996
Procedural Posture
Personal Injury (fatal Accidents and Estate Claims) / Appeal Against Master's Order to Strike Out a Party (heard in Chambers)
Outcome
Appeal allowed; order of the Master set aside
Legal Topics
Administratrix Representation, Striking Out Parties, Proper and Necessary Party, Fatal Accidents Ordinance Claims, Law Amendment and Reform (consolidation) Ordinance Claims, Insurer Subrogation, Conflict of Interest for Directors
Source Language
EN
Probate Personal Injury Civil Procedure Insurance Law Company Law Fiduciary Duty Administratrix Representation Striking Out Parties +5 more

Case Brief

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Parties

CHAN KING WAN

1st Plaintiff

YIP SIU YIN

1st Plaintiff

POON CHUNG KAM

2nd Plaintiff

NG WAI LING

2nd Plaintiff

HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED

1st Defendant

KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injury (fatal Accidents and Estate Claims) / Appeal Against Master's Order to Strike Out a Party (heard in Chambers)

Legal Issues

  1. 1 Whether Yip Siu Yin is a proper and necessary party to actions brought on behalf of the deceased estates
  2. 2 Whether an administratrix may be struck out where insurer/defendant alleges conflict of interest or non‑cooperation
  3. 3 Whether resignation as director extinguishes duties that affect party status

Ratio Decidendi

Yip is a necessary and proper party because the causes of action are vested in the deceased's estates and only court‑appointed administratrices can prosecute them; Yip's office had not been revoked and beneficiaries consented to her role, and practical difficulties of the insurer did not justify striking her out; accordingly the Master's order was set aside and the appeal allowed.

Court Disposition

Appeal allowed; order of the Master set aside

Orders

  • Appeal allowed
  • Order of Master set aside