14 Mar 2017
LI LIM CHI DOROTHY, THE SOLE ADMINISTRATRIX OF THE ESTATE OF LI WAN LUNG, DECEASED v. LIN FUNG INDUSTRIAL CO AND ANOTHER
- Citation
- LI LIM CHI DOROTHY, THE SOLE ADMINISTRATRIX OF THE ESTATE OF LI WAN LUNG, DECEASED v. LIN FUNG INDUSTRIAL CO AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV219/2016
The Court allowed the appeal and set aside the substitution order because registration of a sole proprietorship does not create a separate legal entity and the core question—whether the assets carried on under the trade name belong to the estate or to the 2nd respondent—involved contested facts that could not properly be resolved by an Order 85 originating summons; the proper course for resolving ownership and to seek interim relief was by writ (HCA 2531 of 2015); consequently the final substitution order was wrongly made and must be set aside, with return of documents and restrictions on cha…