ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

The Administrator must participate in HCA 16 as an Interested Party (subject to funding, indemnity and any Beddoe directions) because the Estate has direct and substantial interests and it would be inappropriate to leave recovery to a beneficiary alone; HCA 1449 and HCA 863 shall not be stayed; the Administrator must file and serve a statement of claim to adopt HCA 1449 or propose consolidated pleadings within six months (three months if no Beddoe application); Mother's deposition is to be taken on specified dates with detailed procedural directions; Try Together summonses are adjourned sine die pending the Administrator's filing, and costs of the CMC are payable from the Estate with a...

Citation
[2025] HKCFI 2106
Parties
Plaintiff / Executor / Minority Shareholder: ANG JIMMY TJUN MIN; 1st Defendant: KHOO CHUN KIM; 2nd Defendant: ANG EILEEN; 3rd Defendant / Nominal Defendant: BANNER (CHINA) INVESTMENT COMPANY LIMITED; 3rd Defendant (in HCA 17) / Nominal Defendant: LEEBURY INVESTMENTS LIMITED; 4th Defendant (mother): TJIANG GIOK MOY; Administrator of the Estate: CHENG TSZ YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2025
Case Number
HCA16/2021
Procedural Posture
Civil: Trusts, Company and Estate Claims Including Derivative Actions and Administration Actions / Global Case Management Conference (cmc) and Directions Hearing
Outcome
Court directed the Administrator to participate in HCA 16 as an Interested Party (subject to funding/indemnity/Beddoe); refused stay of HCA 1449 and HCA 863; fixed deposition directions and dates; adjourned Try Together summonses sine die; ordered costs of the CMC to be paid out of the Estate with apportionment.
Legal Topics
Derivative Action, Administrator Duties, Beddoe Application, Consolidation of Actions, Deposition Directions, Tracing of Assets, Fiduciary Duties, Knowing Receipt, Unjust Enrichment, Estoppel, Limitation
Source Language
EN
Trusts and Estates Company Law Equity Civil Procedure Insolvency/administration Derivative Action Administrator Duties Beddoe Application +8 more

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Parties

ANG JIMMY TJUN MIN

Plaintiff / Executor / Minority Shareholder

KHOO CHUN KIM

1st Defendant

ANG EILEEN

2nd Defendant

BANNER (CHINA) INVESTMENT COMPANY LIMITED

3rd Defendant / Nominal Defendant

LEEBURY INVESTMENTS LIMITED

3rd Defendant (in HCA 17) / Nominal Defendant

TJIANG GIOK MOY

4th Defendant (mother)

CHENG TSZ YING

Administrator of the Estate

Procedural Posture

Civil: Trusts, Company and Estate Claims Including Derivative Actions and Administration Actions / Global Case Management Conference (cmc) and Directions Hearing

Legal Issues

  1. 1 Whether the Administrator must participate in HCA 16 and to what extent
  2. 2 Whether HCA 1449 and HCA 863 should be stayed pending resolution of HCA 16/17
  3. 3 Whether HCA 16, HCA 17 and HCA 1449 should be consolidated or tried together

Ratio Decidendi

The Administrator must participate in HCA 16 as an Interested Party (subject to funding, indemnity and any Beddoe directions) because the Estate has direct and substantial interests and it would be inappropriate to leave recovery to a beneficiary alone; HCA 1449 and HCA 863 shall not be stayed; the Administrator must file and serve a statement of claim to adopt HCA 1449 or propose consolidated pleadings within six months (three months if no Beddoe application); Mother's deposition is to be taken on specified dates with detailed procedural directions; Try Together summonses are adjourned sine die pending the Administrator's filing, and costs of the CMC are payable from the Estate with a...

Court Disposition

Court directed the Administrator to participate in HCA 16 as an Interested Party (subject to funding/indemnity/Beddoe); refused stay of HCA 1449 and HCA 863; fixed deposition directions and dates; adjourned Try Together summonses sine die; ordered costs of the CMC to be paid out of the Estate with apportionment.

Orders

  • No stay of HCA 1449 or HCA 863
  • Administrator to participate as an Interested Party in HCA 16, subject to funding and indemnity and any Beddoe directions