BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

Court directed a practical procedural framework: (1) actions may be commenced before grant by properly titling the writ and by applying under Order 15 r 6A(4) during validity for a carry-on order to appoint a representative of the estate; (2) where dependants are in conflict the court must manage proceedings (by joinder, stay, substitution, or preliminary trial on quantum and apportionment) to preserve the single-action rule while ensuring access to court; (3) the default position is administrator has conduct of liability but the court may give conduct to a majority stakeholder or order separate representation for apportionment or damage assessment; (4) sanctioned offers/payments and...

Citation
BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS
Parties
Plaintiff (hcpi 301/2012): Bushra Bibi; Plaintiff (hcpi 301/2012): Nabela Qoser; Deceased: Khalid Mehmood; 1st Defendant (hcpi 301/2012): Method Building & Engineering Works Limited (in liquidation); 2nd Defendant (hcpi 301/2012): Leighton Contractors (Asia) Limited; 3rd Defendant (hcpi 301/2012): Safewell Gondola (HK) Limited; Intervener / Claimant (cohabitee): Cerina Shella Calinog; Plaintiff / Administratrix (hcpi 764/2012): Wong Choi Lam Jo; 1st Defendant (hcpi 764/2012 & HCPI 197/2013): Yiu Fung Engineering Company Limited; 2nd Defendant (hcpi 764/2012 & HCPI 197/2013): Leader Engineering & Construction Limited; Plaintiff (hcpi 197/2013): Xue Jianjun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2014
Case Number
HCPI301/2012
Procedural Posture
Fatal Accidents / Personal Injuries (claims Under Fatal Accidents Ordinance and Larco) / Case Management / Interlocutory Guidance (pre Trial Directions, Carry on Orders, Preliminary Issue Proposals)
Legal Topics
Commencement of Proceedings Without Grant of Probate or Letters of Administration, Representation of Deceased's Estate (carry on Orders), Conflicting Dependants and Single Action Rule, Apportionment of Damages Between Dependants, Split Trials and Preliminary Issues (quantum Before Liability), Sanctioned Offers and Payments, Allocation of Conduct of Proceedings, Case Management
Source Language
EN
Fatal Accidents Ordinance (cap.22) Law Amendment and Reform (consolidation) Ordinance (cap.23) Civil Procedure (rules of the High Court) Probate and Administration Costs and Legal Aid Employees' Compensation Commencement of Proceedings Without Grant of Probate or Letters of Administration Representation of Deceased's Estate (carry on Orders) +6 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 6 Party arguments 2
Sign in to unlock

Parties

Bushra Bibi

Plaintiff (hcpi 301/2012)

Nabela Qoser

Plaintiff (hcpi 301/2012)

Khalid Mehmood

Deceased

Method Building & Engineering Works Limited (in liquidation)

1st Defendant (hcpi 301/2012)

Leighton Contractors (Asia) Limited

2nd Defendant (hcpi 301/2012)

Safewell Gondola (HK) Limited

3rd Defendant (hcpi 301/2012)

Cerina Shella Calinog

Intervener / Claimant (cohabitee)

Wong Choi Lam Jo

Plaintiff / Administratrix (hcpi 764/2012)

Yiu Fung Engineering Company Limited

1st Defendant (hcpi 764/2012 & HCPI 197/2013)

Leader Engineering & Construction Limited

2nd Defendant (hcpi 764/2012 & HCPI 197/2013)

Xue Jianjun

Plaintiff (hcpi 197/2013)

Procedural Posture

Fatal Accidents / Personal Injuries (claims Under Fatal Accidents Ordinance and Larco) / Case Management / Interlocutory Guidance (pre Trial Directions, Carry on Orders, Preliminary Issue Proposals)

Legal Issues

  1. 1 Whether and how fatal-accident and LARCO claims may be commenced and continued before grant of probate or letters of administration
  2. 2 How to treat competing claimants/dependants and reconcile the statutory single-action rule with access to court
  3. 3 What procedural orders should be made to appoint persons to represent the estate (carry-on orders)

Ratio Decidendi

Court directed a practical procedural framework: (1) actions may be commenced before grant by properly titling the writ and by applying under Order 15 r 6A(4) during validity for a carry-on order to appoint a representative of the estate; (2) where dependants are in conflict the court must manage proceedings (by joinder, stay, substitution, or preliminary trial on quantum and apportionment) to preserve the single-action rule while ensuring access to court; (3) the default position is administrator has conduct of liability but the court may give conduct to a majority stakeholder or order separate representation for apportionment or damage assessment; (4) sanctioned offers/payments and...