CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER

Yip Siu Yin is a necessary and proper party because she remains a validly appointed administratrix whose participation is required to prosecute the estate's statutory causes of action and there was no application to revoke her office; practical difficulties faced by the insurer did not justify striking her out under O.15 r.6.

Citation
CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER
Parties
1st Plaintiff (administratrix of the Estate of Leung Hoi Sung): CHAN KING WAN; 1st Plaintiff (administratrix of the Estate of Leung Hoi Sung): YIP SIU YIN; 2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen): POON CHUNG KAM; 2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen): NG WAI LING; 1st Defendant: HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED; 2nd Defendant: KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 1998
Case Number
HCPI1267/1996
Procedural Posture
Personal Injury (fatal Accident/wrongful Death) / Interlocutory Appeal Against Master's Order Under O.15 R.6 to Strike Out a Party
Outcome
Appeal allowed; the Master's order striking out Yip Siu Yin set aside.
Legal Topics
Wrongful Death, Administration of Estates, Striking Out Parties, Fiduciary Duties, Insurer Subrogation and Cooperation
Source Language
EN
Tort Probate and Administration Civil Procedure Insurance Law Wrongful Death Administration of Estates Striking Out Parties Fiduciary Duties +1 more

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Parties

CHAN KING WAN

1st Plaintiff (administratrix of the Estate of Leung Hoi Sung)

YIP SIU YIN

1st Plaintiff (administratrix of the Estate of Leung Hoi Sung)

POON CHUNG KAM

2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen)

NG WAI LING

2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen)

HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED

1st Defendant

KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injury (fatal Accident/wrongful Death) / Interlocutory Appeal Against Master's Order Under O.15 R.6 to Strike Out a Party

Legal Issues

  1. 1 Whether Yip Siu Yin is a proper and necessary party as an administratrix
  2. 2 Whether an administratrix can be struck out where office remains valid and no revocation applied for
  3. 3 Whether conflict of interest or past fiduciary duties justify removal from proceedings

Ratio Decidendi

Yip Siu Yin is a necessary and proper party because she remains a validly appointed administratrix whose participation is required to prosecute the estate's statutory causes of action and there was no application to revoke her office; practical difficulties faced by the insurer did not justify striking her out under O.15 r.6.

Court Disposition

Appeal allowed; the Master's order striking out Yip Siu Yin set aside.

Orders

  • The appeal is allowed and the order of the Master is set aside.
  • The 1st Plaintiffs are to have the costs below and of the appeal in any event.