WONG SHING CHI JOHNLY v. WONG WAI MING

WONG SHING CHI JOHNLY v. WONG WAI MING

The representation order was set aside because the plaintiff commenced the action as representative without the requisite locus at the time of the writ; Order 15 r.15 cannot be used to cure lack of locus and therefore the proceedings were a nullity, justifying allowing the setting aside application and dismissing the ancillary account claim.

Citation
WONG SHING CHI JOHNLY v. WONG WAI MING
Parties
Representative of the Estate of Tang Lan: Plaintiff; Defendant and Occupier of Part of the Property: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 2012
Case Number
HCA25/2012
Procedural Posture
Civil Proceedings Concerning Estate Administration and Representative Action / Application to Set Aside Representation Order and Ancillary Account Application; Decision on Applications Handed Down by Master of the High Court
Outcome
Setting aside application allowed; representation order set aside; account application dismissed.
Legal Topics
Representation Order, Setting Aside Ex Parte Order, Locus Standi, O.15 R.15, Accounting for Estate
Source Language
EN
Probate Civil Procedure Estate Administration Representation Order Setting Aside Ex Parte Order Locus Standi O.15 R.15 Accounting for Estate

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Parties

Plaintiff

Representative of the Estate of Tang Lan

Defendant

Defendant and Occupier of Part of the Property

Procedural Posture

Civil Proceedings Concerning Estate Administration and Representative Action / Application to Set Aside Representation Order and Ancillary Account Application; Decision on Applications Handed Down by Master of the High Court

Legal Issues

  1. 1 Whether the proceedings were a nullity because the plaintiff lacked locus to sue as representative at the time of the writ
  2. 2 Whether there were material mis-statements and/or non-disclosure in the plaintiff's ex parte application for a representation order
  3. 3 Whether the Court should exercise its discretion afresh to grant the representation order to the plaintiff

Ratio Decidendi

The representation order was set aside because the plaintiff commenced the action as representative without the requisite locus at the time of the writ; Order 15 r.15 cannot be used to cure lack of locus and therefore the proceedings were a nullity, justifying allowing the setting aside application and dismissing the ancillary account claim.

Court Disposition

Setting aside application allowed; representation order set aside; account application dismissed.

Orders

  • Representation order dated 8 February 2012 set aside.
  • Account application dismissed.