9 Jun 2025
新基業發展有限公司 對 文彥均
- Citation
- [2025] HKDC 932
- Court
- District Court
- Case number
- DCMP3813/2022
The court ordered substitution of the deceased defendant by "The Estate of Man Yin Kwan, deceased" under Order 15 r 7 because the defendant's rights passed to the estate and substitution was necessary for effective resolution; the court exercised its discretion under Order 15 r 15 to allow the proceedings to continue without an estate representative because appointing one would cause disproportionate delay and expense and would not better protect the estate, and the partition order was amended retrospectively to the date of death with a limited stay to permit interested parties to act.