16 Apr 2014
WONG CHOI LAM JO, the Administratrix of the estate of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING COMPANY LTD AND ANOTHER
- Citation
- WONG CHOI LAM JO, the Administratrix of the estate of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING COMPANY LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI764/2012
The court set out and directed a mandatory procedural framework: FAO claims may be commenced before probate/administration by naming the deceased in the title and must be followed by an Order 15 r 6A(4) application for a person to represent the estate (carry-on order) within the writ service period; where dependants are in conflict the court will case-manage and may order a preliminary trial on quantum and apportionment (potentially before liability), allocate conduct of the liability proceedings (administrator as default but may be given to majority stakeholder), and control sanctioned offer…
- Representation of deceased's estate
- Commencing fao/larco claims without probate
- Conflict between dependants
- Carry-on orders (order 15 r 6a)
- Apportionment of damages (order 80 r 15)
- Sanctioned offers and payments (order 22)