Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Locus standi of beneficiaries in unadministered estates
  • 10 Apr 2015

    TONG KWOK KEUNG v. TONG KWOK KEE

    Citation
    TONG KWOK KEUNG v. TONG KWOK KEE
    Court
    District Court
    Case number
    DCMP2470/2014

    The court refused summary possession under Order 113 because credible, substantial factual disputes about beneficial ownership and the source of purchase funds required resolution at trial; the plaintiff failed to show a reasonable prospect of success for leave to appeal under section 63A(2); the costs order nisi for the Order 113 application remains costs in the cause and the defendant's application to vary the costs order nisi fails; both interim costs orders nisi relating to the leave and variation applications are made absolute with directions for taxation if not agreed.

    • Order 113 summary possession
    • Relativity of titles
    • Locus standi of beneficiaries in unadministered estates
    • Costs in the cause
    • Variation of costs order nisi
    • Leave to appeal under district court ordinance