MAY MACINTOSH CAMPBELL v. DISCOVERY BAY MARINA CLUB LTD AND OTHERS

MAY MACINTOSH CAMPBELL v. DISCOVERY BAY MARINA CLUB LTD AND OTHERS

Registrar exercised discretion to grant a further extension to enable the plaintiff to obtain and reseal probate (noting delay was not deliberate), while protecting defendants by ordering the plaintiff to pay the defendants' costs of the application to be assessed by the Registrar.

Citation
MAY MACINTOSH CAMPBELL v. DISCOVERY BAY MARINA CLUB LTD AND OTHERS
Parties
Plaintiff: MAY MACINTOSH CAMPBELL; 1st Defendant: DISCOVERY BAY MARINA CLUB LIMITED; 2nd Defendant: HONG KONG RESORT COMPANY LIMITED; 3rd Defendant: DISCOVERY BAY SERVICES MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2006
Case Number
HCPI796/2002
Procedural Posture
Personal Injuries Action / Interlocutory Application for Extension of Time (chambers)
Outcome
Extension of time granted; plaintiff ordered to pay defendants' costs of the application to be assessed by the Registrar.
Legal Topics
Extension of Time, Unless Order, Probate Resealing, Striking Out for Non Compliance, Costs Assessment
Source Language
EN
Civil Procedure Probate Personal Injury Costs Extension of Time Unless Order Probate Resealing Striking Out for Non Compliance +1 more

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Parties

MAY MACINTOSH CAMPBELL

Plaintiff

DISCOVERY BAY MARINA CLUB LIMITED

1st Defendant

HONG KONG RESORT COMPANY LIMITED

2nd Defendant

DISCOVERY BAY SERVICES MANAGEMENT LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Application for Extension of Time (chambers)

Legal Issues

  1. 1 Whether the plaintiff has the necessary legal entitlement (letters of administration or grant of probate) to prosecute claims on behalf of the deceased's estate
  2. 2 Whether to grant further extension of time to comply with an unless order
  3. 3 Whether non-compliance should lead to striking out of the estate claims

Ratio Decidendi

Registrar exercised discretion to grant a further extension to enable the plaintiff to obtain and reseal probate (noting delay was not deliberate), while protecting defendants by ordering the plaintiff to pay the defendants' costs of the application to be assessed by the Registrar.

Court Disposition

Extension of time granted; plaintiff ordered to pay defendants' costs of the application to be assessed by the Registrar.

Orders

  • Extension of time granted until 27 January 2007 to comply with the probate entitlement requirement.
  • Plaintiff to pay the defendants' costs in respect of the application, to be assessed by the Registrar.