XUE JIANJUN, widow and dependant of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING CO LTD AND ANOTHER

XUE JIANJUN, widow and dependant of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING CO LTD AND ANOTHER

The court will permit commencement and continuation of FAO and LARCO claims before grants of probate/administration by following Order 15 r 6A carry-on procedure and section 5 FAO: commence writ describing deceased and dependants, then apply for appointment to represent the estate; where dependants are in conflict the court should case-manage using tools including (a) substitution or stay to ensure one action, (b) preliminary trial on quantum and apportionment (potentially before liability) with separate representation for rival dependant groups, and (c) allocation of conduct of the liability trial to the administrator or to the majority stakeholder as the circumstances require, with...

Citation
XUE JIANJUN, widow and dependant of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING CO LTD AND ANOTHER
Parties
Plaintiff; Co Administratrix of Estate of Khalid Mehmood (deceased): Bushra Bibi; Plaintiff; Co Administratrix of Estate of Khalid Mehmood (deceased): 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 as Wife and Mother of Child (hcpi 262/2012 & Intervener in HCPI 301/2012): Cerina Shella Calinog; Plaintiff; Administratrix of Estate of Wong Wai Leung (hcpi 764/2012): Wong Choi Lam Jo; Deceased: Wong Wai Leung; 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; Widow and Dependant of Wong Wai Leung (hcpi 197/2013): Xue Jianjun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2014
Case Number
HCPI197/2013
Procedural Posture
Personal Injury/fatal Accidents Claims Under Fatal Accidents Ordinance and Larco; Related Common Law Claims / Case Management Judgment Giving Guidance on Commencement, Representation and Case Management of Conflicting Dependants (interlocutory/case Management Stage)
Outcome
Guidance and case management directions given for commencement and conduct of fatal-accident and estate claims without grants, and for resolving conflicts between dependants; costs reserved.
Legal Topics
Commencing Proceedings Without Grant of Probate/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 Issue on Quantum, Conduct of Proceedings and Allocation of Conduct to Parties
Source Language
EN
Fatal Accidents Ordinance (cap.22) Law Amendment and Reform (consolidation) Ordinance (cap.23) Civil Procedure (rules of the High Court) Probate/administration Employees Compensation Ordinance Commencing Proceedings Without Grant of Probate/letters of Administration Representation of Deceased's Estate (carry on Orders) Conflicting Dependants and Single Action Rule +3 more

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Parties

Bushra Bibi

Plaintiff; Co Administratrix of Estate of Khalid Mehmood (deceased)

Nabela Qoser

Plaintiff; Co Administratrix of Estate of Khalid Mehmood (deceased)

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 as Wife and Mother of Child (hcpi 262/2012 & Intervener in HCPI 301/2012)

Wong Choi Lam Jo

Plaintiff; Administratrix of Estate of Wong Wai Leung (hcpi 764/2012)

Wong Wai Leung

Deceased

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; Widow and Dependant of Wong Wai Leung (hcpi 197/2013)

Procedural Posture

Personal Injury/fatal Accidents Claims Under Fatal Accidents Ordinance and Larco; Related Common Law Claims / Case Management Judgment Giving Guidance on Commencement, Representation and Case Management of Conflicting Dependants (interlocutory/case Management Stage)

Legal Issues

  1. 1 Whether and how fatal-accident and estate claims may be commenced and carried on before grant of probate/letters of administration
  2. 2 How to resolve competing/ conflicting claims by different persons alleging dependency when statute permits only one action
  3. 3 Whether and when the court should order a preliminary trial on quantum and apportionment before trial on liability

Ratio Decidendi

The court will permit commencement and continuation of FAO and LARCO claims before grants of probate/administration by following Order 15 r 6A carry-on procedure and section 5 FAO: commence writ describing deceased and dependants, then apply for appointment to represent the estate; where dependants are in conflict the court should case-manage using tools including (a) substitution or stay to ensure one action, (b) preliminary trial on quantum and apportionment (potentially before liability) with separate representation for rival dependant groups, and (c) allocation of conduct of the liability trial to the administrator or to the majority stakeholder as the circumstances require, with...

Court Disposition

Guidance and case management directions given for commencement and conduct of fatal-accident and estate claims without grants, and for resolving conflicts between dependants; costs reserved.

Orders

  • Costs of hearings of 21 Jan, 28 Jan and 26 Mar 2014 reserved and to be dealt with after conclusion of HCPI 262/2012 & HCPI 301/2012
  • Fix a Check List Review hearing for HCPI 764/2012 & HCPI 197/2013 after conclusion of HCPI 262/2012 & HCPI 301/2012