TSANG YUET MUI, IN HER CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YIP SANG , ALSO KNOWN AS TANG IP SANG, DECEASED v. WAN ON, IN HIS CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YUNG

TSANG YUET MUI, IN HER CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YIP SANG , ALSO KNOWN AS TANG IP SANG, DECEASED v. WAN ON, IN HIS CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YUNG

The amendment was granted under the slip rule because the misidentification of the lot arose from an accidental slip or omission, the amendment merely reduces the extent of the subject land to the portion remaining after prior reversion to the Government, no prejudice to interested parties could be identified, and the court would have made the amendment if it had been sought at trial.

Citation
TSANG YUET MUI, IN HER CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YIP SANG , ALSO KNOWN AS TANG IP SANG, DECEASED v. WAN ON, IN HIS CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TANG YUNG
Parties
Plaintiff, in Her Capacity as Personal Representative of the Estate of Tang Yip Sang (deceased): Tsang Yuet Mui; 1st Defendant, in His Capacity as Personal Representative of the Estate of Tang Yung (deceased): Wan On; 2nd Defendant: Tang Wah Tai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 October 2015
Case Number
HCMP2314/2012
Procedural Posture
Probate/estate Succession Claim Concerning New Territories Land / Post‑judgment Application to Amend Originating Summons and Judgment (o.20 Rr.7,8,10 and R.11 Slip Rule)
Outcome
Application to amend the originating summons and the sealed judgment granted under O.20 r.11; no order as to costs.
Legal Topics
Judgment Amendment, Slip Rule (o.20 R.11), Rectification of Subject Matter, Reversion of Land to Government, Service and Public Hearing Requirements
Source Language
EN
New Territories Land Law Probate and Succession Civil Procedure Land Registration Judgment Amendment Slip Rule (o.20 R.11) Rectification of Subject Matter Reversion of Land to Government +1 more

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Parties

Tsang Yuet Mui

Plaintiff, in Her Capacity as Personal Representative of the Estate of Tang Yip Sang (deceased)

Wan On

1st Defendant, in His Capacity as Personal Representative of the Estate of Tang Yung (deceased)

Tang Wah Tai

2nd Defendant

Procedural Posture

Probate/estate Succession Claim Concerning New Territories Land / Post‑judgment Application to Amend Originating Summons and Judgment (o.20 Rr.7,8,10 and R.11 Slip Rule)

Legal Issues

  1. 1 Whether the court may correct the judgment under O.20 r.11 (slip rule) to reflect that part of Lot 124 had reverted to the Government before proceedings
  2. 2 Whether the amendment sought is an accidental slip or omission and whether amendment would prejudice interested parties
  3. 3 Whether the court should allow the amendment after the judgment has been perfected

Ratio Decidendi

The amendment was granted under the slip rule because the misidentification of the lot arose from an accidental slip or omission, the amendment merely reduces the extent of the subject land to the portion remaining after prior reversion to the Government, no prejudice to interested parties could be identified, and the court would have made the amendment if it had been sought at trial.

Court Disposition

Application to amend the originating summons and the sealed judgment granted under O.20 r.11; no order as to costs.

Orders

  • Second summons to amend the first summons granted (amendment under O.20 r.11).
  • Order in terms of the first summons as amended granted.