CHEUNG SHUN AND ANTOHER v. CHEUNG SHEK WAN AND OTHERS

CHEUNG SHUN AND ANTOHER v. CHEUNG SHEK WAN AND OTHERS

The trial was vacated because the new party Cheung Shek Wan was not properly served and the plaintiffs' pleadings and evidence are inadequate to support a partition/division order (including non-compliance with the Partition Rules); accordingly the action is not ready for trial and must be adjourned to a case management conference to resolve service, pleading amendments and compliance issues.

Citation
[2021] HKCFI 1438
Parties
1st Plaintiff: Cheung Shun; 2nd Plaintiff: CHEUNG TIM FOOK; 1st Defendant: Cheung Shek Wan; 2nd Defendant: Cheung Kam Pui; 3rd Defendant: Cheung Kam Fai (Executor of the estate of Cheung Hok Moy, deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2021
Case Number
HCA1044/2004
Procedural Posture
Civil Action (property/partition) / Pre Trial Review (case Management)
Outcome
Trial dates in August 2021 vacated; matter adjourned to a case management conference before a master
Legal Topics
Service of Process, Substitution/joinder of Party, Partition of Land, Case Management, Pleading Sufficiency
Source Language
EN
Property Law Civil Procedure Land Law Partition Law Service of Process Substitution/joinder of Party Partition of Land Case Management +1 more

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Parties

Cheung Shun

1st Plaintiff

CHEUNG TIM FOOK

2nd Plaintiff

Cheung Shek Wan

1st Defendant

Cheung Kam Pui

2nd Defendant

Cheung Kam Fai (Executor of the estate of Cheung Hok Moy, deceased)

3rd Defendant

Procedural Posture

Civil Action (property/partition) / Pre Trial Review (case Management)

Legal Issues

  1. 1 Whether Cheung Shek Wan, as a new party, was properly served pursuant to Order 10 rule 1
  2. 2 Whether the plaintiffs have complied with the Partition Ordinance and Partition Rules (including service on the Director of Lands)
  3. 3 Whether the pleadings and evidence are sufficient to support an order to divide the land

Ratio Decidendi

The trial was vacated because the new party Cheung Shek Wan was not properly served and the plaintiffs' pleadings and evidence are inadequate to support a partition/division order (including non-compliance with the Partition Rules); accordingly the action is not ready for trial and must be adjourned to a case management conference to resolve service, pleading amendments and compliance issues.

Court Disposition

Trial dates in August 2021 vacated; matter adjourned to a case management conference before a master

Orders

  • Trial dates in August 2021 vacated
  • Action adjourned to a case management conference to a date to be fixed before a master with 30 minutes reserved