WAI MING KUI, by WAI FONG FONG, his next friend v. EXPRESS SECURITY LTD

WAI MING KUI, by WAI FONG FONG, his next friend v. EXPRESS SECURITY LTD

The next friend's role ceased on the applicant's death; therefore the correct procedure is to make the next friend a party and carry on the proceedings by substituting her for the deceased applicant; accordingly the court ordered substitution, amendment of the title to reflect appointment to represent the estate, and awarded costs to the respondent.

Citation
[2019] HKDC 703
Parties
Applicant (deceased); Represented by Next Friend Wai Fong Fong: Wai Ming Kui; Respondent: Express Security Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 May 2019
Case Number
DCEC2254/2018
Procedural Posture
Employees' Compensation / Application Under Order 15 RDC to Substitute Party and Continue Proceedings After Death
Outcome
Application granted in part: next friend made party by substitution; title amended; costs awarded to respondent
Legal Topics
Survival of Actions, Substitution of Parties, Next Friend Appointment, Settlement Approval, Costs
Source Language
EN
Employment Law Personal Injury Civil Procedure Survival of Actions Substitution of Parties Next Friend Appointment Settlement Approval Costs

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Parties

Wai Ming Kui

Applicant (deceased); Represented by Next Friend Wai Fong Fong

Express Security Limited

Respondent

Procedural Posture

Employees' Compensation / Application Under Order 15 RDC to Substitute Party and Continue Proceedings After Death

Legal Issues

  1. 1 Whether the next friend should be appointed to represent the deceased applicant's estate
  2. 2 Whether Order 15 rule 15 RDC applies or whether substitution as a party is required
  3. 3 Whether the proceedings should continue as if the next friend had been substituted for the deceased applicant

Ratio Decidendi

The next friend's role ceased on the applicant's death; therefore the correct procedure is to make the next friend a party and carry on the proceedings by substituting her for the deceased applicant; accordingly the court ordered substitution, amendment of the title to reflect appointment to represent the estate, and awarded costs to the respondent.

Court Disposition

Application granted in part: next friend made party by substitution; title amended; costs awarded to respondent

Orders

  • Wai Fong Fong be made a party to this action and the proceedings be carried on as if Wai Fong Fong had been substituted for Wai Ming Kui (韋明區), since deceased
  • The applicant's name in the title of these proceedings be amended to "Wai Fong Fong, appointed by Order dated 24 May 2019 to represent the estate of Wai Ming Kui (韋明區), since deceased."