CHEUNG KAM YING, deceased v. CHEUNG MAN SZE AND ANOTHER

CHEUNG KAM YING, deceased v. CHEUNG MAN SZE AND ANOTHER

CTL did not have the requisite locus standi or authority to sue on behalf of the deceased's estate (he was not executor, administrator or personal representative); the writ and proceedings were therefore a nullity and properly struck out; the Registrar's order was correct and the appeal is dismissed with costs on an indemnity basis.

Citation
[2021] HKCFI 1863
Parties
Plaintiff (deceased): CHEUNG KAM YING; 1st Defendant: CHEUNG MAN SZE; 2nd Defendant: CHEUNG CHAU KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2021
Case Number
HCA2651/2015
Procedural Posture
Civil Action Estate Administration and Property Dispute / Appeal From Registrar's Striking Out Order (decision)
Outcome
Appeal dismissed; Registrar's striking out order affirmed
Legal Topics
Locus Standi, Capacity to Sue, Striking Out, Carry on Order (order 15 Rule 6 A), Costs Indemnity Basis
Source Language
EN
Civil Procedure Probate and Administration Property Appeal Locus Standi Capacity to Sue Striking Out Carry on Order (order 15 Rule 6 A) +1 more

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Parties

CHEUNG KAM YING

Plaintiff (deceased)

CHEUNG MAN SZE

1st Defendant

CHEUNG CHAU KWAN

2nd Defendant

Procedural Posture

Civil Action Estate Administration and Property Dispute / Appeal From Registrar's Striking Out Order (decision)

Legal Issues

  1. 1 Whether the appellant had locus standi/capacity to commence and continue proceedings on behalf of the deceased's estate
  2. 2 Whether the writ and proceedings were nullities and should be struck out for want of capacity and/or prosecution
  3. 3 Whether costs should be awarded and on what basis (indemnity)

Ratio Decidendi

CTL did not have the requisite locus standi or authority to sue on behalf of the deceased's estate (he was not executor, administrator or personal representative); the writ and proceedings were therefore a nullity and properly struck out; the Registrar's order was correct and the appeal is dismissed with costs on an indemnity basis.

Court Disposition

Appeal dismissed; Registrar's striking out order affirmed

Orders

  • Appeal dismissed.
  • Order striking out the statement of claim and dismissing the action for want of prosecution affirmed.