Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Court jurisdiction to amend pleadings
  • 28 Nov 1989

    IP CHEUNG KWOK AND ANOTHER v. IP SIU BUN AND OTHERS

    Citation
    IP CHEUNG KWOK AND ANOTHER v. IP SIU BUN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV79/1988

    The court had jurisdiction under the procedural and substantive provisions cited (Orders and statutes) to allow the amendment to the plaintiff's capacity and to direct sale; on the facts (dereliction, no income, significant outgoings, delay and likely further appeals) it was in the interest of the eventual beneficiaries to lift the stay and proceed with arrangements for sale under court direction rather than await speculative future appreciation.

    • Sale of trust property
    • Administrator pendente lite
    • Court jurisdiction to amend pleadings
    • Removal of stay
    • Trustees' powers and duties
    • Court direction of sale