Hong Kong Case Law: Decisions & Judgments

Topic

Fatal accidents ordinance claims

Legal area

Court

30 Mar 1998

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

Citation

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

Court of First Instance
Case number

HCPI1269/1996

Yip is a necessary and proper party because the causes of action are vested in the deceased's estates and only court‑appointed administratrices can prosecute them; Yip's office had not been revoked and beneficiaries consented to her role, and practical difficulties of the insurer did not justify striking her out; accordingly the Master's order was set aside and the appeal allowed.
7 Feb 1986

CHU KEUNG FAI AND OTHERS v. YUEN POR AND OTHERS

Citation

CHU KEUNG FAI AND OTHERS v. YUEN POR AND OTHERS
Court

Court of First Instance
Case number

HCA4517/1981

Delay by the plaintiffs after receipt of the 3rd Defendant's documents on 3 January 1984 was inordinate and inexcusable, but on the balance of probabilities the prejudice to the 3rd Defendant from missing witnesses and memory lapses was not likely to be seriously prejudicial given the quantity of contemporaneous documentary evidence and availability of another knowledgeable witness (Mr Mak); therefore dismissal of the action against the 3rd Defendant was not justified and the appeal was dismissed with costs.
15 Feb 1984

KWOK CHEUNG AND OTHERS v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

Citation

KWOK CHEUNG AND OTHERS v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2057/1980

Leave to re-amend to add a LARCO claim was refused because the plaintiffs' Statement of Claim was a nullity for lacking a grant of letters of administration at commencement; Order 20(5)(4) is ultra vires insofar as it attempts to alter substantive capacity without legislative authority; section 30 of the Limitation Ordinance does not apply to validate or extend time for an existing action commenced within the limitation period to add a new substantive cause of action; a subsequent grant of administration does not have retrospective effect to cure the nullity.

Hong Kong Case Law

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

CHU KEUNG FAI AND OTHERS v. YUEN POR AND OTHERS

KWOK CHEUNG AND OTHERS v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER