LAM MUI as the lawful administratrix of the estate of WONG SHING, deceased AND ANOTHER v. FRONTRICH INVESTMENTS LTD AND OTHERS

LAM MUI as the lawful administratrix of the estate of WONG SHING, deceased AND ANOTHER v. FRONTRICH INVESTMENTS LTD AND OTHERS

Retrospective leave to apply for a carry-on order was refused because P2 concealment of P1's death, prolonged and unexplained delay, and overall litigation conduct demonstrated dishonesty and met the threshold under O.2 r.5 and the Court's case management objectives to justify denial of relief; the injunction application was dismissed because the underlying basis (P1's entitlement and locus) fell away on her death, P2 lacked locus as pleaded, and the plaintiffs' evidence did not disclose a serious issue to be tried on adverse possession.

Citation
[2024] HKCFI 2295
Parties
1st Plaintiff: Lam Mui (林妹) as the lawful administratrix of the estate of Wong Shing, deceased; 2nd Plaintiff: Wong Sui Hing (黃瑞興); 1st Defendant: Frontrich Investments Limited (方達投資有限公司); 2nd Defendant: Chan Ming Yeung Alexis (陳銘揚); 3rd Defendant: Chu Kwok Fai (朱國輝); 4th Defendant: Kong Kwan Tung (江軍彤)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2024
Case Number
HCA34/2021
Procedural Posture
Civil: Injunction and Declaration for Adverse Possession; Probate Carry on Application / Interlocutory Applications (retrospective Leave to Carry On; Injunction) — Decision on Summonses
Outcome
Retrospective Leave Application dismissed; Injunction Application dismissed
Legal Topics
Carry on Order, Retrospective Leave, Injunction, Adverse Possession, Relief From Sanctions (o.2 R.5), Case Management (o.1 A), Undertakings
Source Language
EN
Civil Procedure Equity Property Law Probate and Administration Limitation Law Carry on Order Retrospective Leave Injunction +4 more

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Parties

Lam Mui (林妹) as the lawful administratrix of the estate of Wong Shing, deceased

1st Plaintiff

Wong Sui Hing (黃瑞興)

2nd Plaintiff

Frontrich Investments Limited (方達投資有限公司)

1st Defendant

Chan Ming Yeung Alexis (陳銘揚)

2nd Defendant

Chu Kwok Fai (朱國輝)

3rd Defendant

Kong Kwan Tung (江軍彤)

4th Defendant

Procedural Posture

Civil: Injunction and Declaration for Adverse Possession; Probate Carry on Application / Interlocutory Applications (retrospective Leave to Carry On; Injunction) — Decision on Summonses

Legal Issues

  1. 1 Whether retrospective leave to apply for a carry-on order should be granted despite non-compliance with a peremptory order
  2. 2 Whether P2 has locus to continue the injunction after P1's death
  3. 3 Whether the plaintiffs' evidence discloses a serious issue to be tried on adverse possession

Ratio Decidendi

Retrospective leave to apply for a carry-on order was refused because P2 concealment of P1's death, prolonged and unexplained delay, and overall litigation conduct demonstrated dishonesty and met the threshold under O.2 r.5 and the Court's case management objectives to justify denial of relief; the injunction application was dismissed because the underlying basis (P1's entitlement and locus) fell away on her death, P2 lacked locus as pleaded, and the plaintiffs' evidence did not disclose a serious issue to be tried on adverse possession.

Court Disposition

Retrospective Leave Application dismissed; Injunction Application dismissed

Orders

  • The 2024 Summons is dismissed with an order nisi of costs in favour of the Defendants, with certificate for counsel, such costs to be summarily assessed and payable forthwith.
  • The Injunction Application is dismissed with an order nisi of costs in favour of the Defendants, with certificate for counsel, such costs to be summarily assessed and payable forthwith.