CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS

CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS

Because the facts were hotly disputed and spanned a long period such that laches could not be safely determined interlocutorily, the striking out application was dismissed but the appeal allowing conversion to continue as if begun by writ was allowed to secure the discipline of pleadings and proper case management.

Citation
CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS
Parties
1st Plaintiff: CHAN WAI MING; 2nd Plaintiff: CHAN WAI CHIU; 1st Defendant: CHAN WAI LUN; 2nd Defendant: THE PERSONAL REPRESENTATIVES OF MAN SO; 3rd Defendant: THE PERSONAL REPRESENTATIVES OF CHAN KING HO; 4th Defendant: CHAN TSUN HO; 5th Defendant: CHAN WAI CHEONG; 6th Defendant: CHAN WAI MAN; 7th Defendant: CHAN PING HO; 8th Defendant: CHAN SIU HO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 1999
Case Number
HCMP775/1995
Procedural Posture
Miscellaneous Proceedings (estate) / Judgment on Interlocutory Appeal (striking Out Application and Application to Continue as If Begun by Writ)
Outcome
1st Defendant's striking out application dismissed; 1st Defendant's appeal allowed in part to order that proceedings continue as if begun by writ; case remitted to follow directions for pleadings and costs orders.
Legal Topics
Striking Out, Laches, Continuation as If Begun by Writ, Pleadings, Directions, Costs
Source Language
EN
Civil Procedure Trusts and Estates Practice and Procedure Striking Out Laches Continuation as If Begun by Writ Pleadings Directions +1 more

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Parties

CHAN WAI MING

1st Plaintiff

CHAN WAI CHIU

2nd Plaintiff

CHAN WAI LUN

1st Defendant

THE PERSONAL REPRESENTATIVES OF MAN SO

2nd Defendant

THE PERSONAL REPRESENTATIVES OF CHAN KING HO

3rd Defendant

CHAN TSUN HO

4th Defendant

CHAN WAI CHEONG

5th Defendant

CHAN WAI MAN

6th Defendant

CHAN PING HO

7th Defendant

CHAN SIU HO

8th Defendant

Procedural Posture

Miscellaneous Proceedings (estate) / Judgment on Interlocutory Appeal (striking Out Application and Application to Continue as If Begun by Writ)

Legal Issues

  1. 1 Whether the proceedings should be struck out for delay/laches
  2. 2 Whether the proceedings should be ordered to continue as if begun by writ
  3. 3 Whether laches can be resolved at interlocutory stage

Ratio Decidendi

Because the facts were hotly disputed and spanned a long period such that laches could not be safely determined interlocutorily, the striking out application was dismissed but the appeal allowing conversion to continue as if begun by writ was allowed to secure the discipline of pleadings and proper case management.

Court Disposition

1st Defendant's striking out application dismissed; 1st Defendant's appeal allowed in part to order that proceedings continue as if begun by writ; case remitted to follow directions for pleadings and costs orders.

Orders

  • Proceedings ordered to continue as if begun by writ.
  • Plaintiffs to file and serve Statement of Claim within 21 days.