WONG TAK MING v. 趙江龍 carrying on business in the firm name of CHAPTER (CHINA) LTD AND ANOTHER

WONG TAK MING v. 趙江龍 carrying on business in the firm name of CHAPTER (CHINA) LTD AND ANOTHER

The appeal is dismissed for want of prosecution because the plaintiff is bankrupt and any cause of action and the right to proceed with the appeal passed to the trustees in bankruptcy; the late notice to act in person did not cure the absence of the proper prosecuting party and the court relied on the procedural rule and authorities cited in Hong Kong Civil Procedure 2018 para 15/7/10.

Citation
[2018] HKCFI 1866
Parties
Respondent (defendant): D2
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2018
Case Number
HCA1378/2017
Procedural Posture
Civil Appeal From Master's Order / Hearing/decision
Outcome
Appeal dismissed for want of prosecution
Legal Topics
Striking Out, Want of Prosecution, Assignment of Causes of Action on Bankruptcy, Legal Professional Privilege, Appeal
Source Language
EN
Civil Procedure Bankruptcy Law Striking Out Want of Prosecution Assignment of Causes of Action on Bankruptcy Legal Professional Privilege Appeal

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Parties

D2

Respondent (defendant)

Procedural Posture

Civil Appeal From Master's Order / Hearing/decision

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution
  2. 2 Whether a bankrupt plaintiff's cause of action, including the right to appeal, vests in the trustees in bankruptcy
  3. 3 Whether late filing of a notice to act in person suffices to continue prosecution of the appeal

Ratio Decidendi

The appeal is dismissed for want of prosecution because the plaintiff is bankrupt and any cause of action and the right to proceed with the appeal passed to the trustees in bankruptcy; the late notice to act in person did not cure the absence of the proper prosecuting party and the court relied on the procedural rule and authorities cited in Hong Kong Civil Procedure 2018 para 15/7/10.

Court Disposition

Appeal dismissed for want of prosecution

Orders

  • Appeal dismissed for want of prosecution.