17 Oct 1988
IP (or YIP) CHEUNG (or CHIANG) KWOK (also known as DAVID IP or YIP) v. IP SIU BUN AND OTHERS
- Citation
- IP (or YIP) CHEUNG (or CHIANG) KWOK (also known as DAVID IP or YIP) v. IP SIU BUN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA7440/1984
The court held it had no jurisdiction in these proceedings to order a sale of the trust properties because the plaintiff was not a duly constituted personal representative and the representation order made for these proceedings did not confer locus standi to seek execution of the trusts or a sale under Order 85; Order 31 does not expand the court's power to order a sale where no jurisdiction otherwise exists. Costs were allocated: Sin Hua (4th defendant) must pay the plaintiff's party-and-party costs and the Attorney-General's party-and-party costs from its own funds; differences between part…