Hong Kong Case Law: Decisions & Judgments

Topic

Order 113 procedure

Legal area

Court

24 Jan 2017

HO LUNG THOMAS IGNATIUS the administrator of the estate of YAU CHUN WING , deceased v. ALL OCCUPIERS of ALL THAT AND ANOTHER

Citation

HO LUNG THOMAS IGNATIUS the administrator of the estate of YAU CHUN WING , deceased v. ALL OCCUPIERS of ALL THAT AND ANOTHER
Court

District Court
Case number

DCMP1493/2016

The court found the 2nd defendant's affirmation raised substantial triable issues on intention to possess, factual possession and encroachment/tenant issues such that the matter is unsuitable for determination under Order 113; accordingly the originating summons was to be continued as if begun by writ and the parties given directions for pleadings and trial preparation.
20 Apr 2011

CHAN GORDON v. LEE WAI HING AND ANOTHER

Citation

CHAN GORDON v. LEE WAI HING AND ANOTHER
Court

Court of First Instance
Case number

HCMP1596/2008

The court awarded the daughter full costs to be met from the father’s estate but limited resort to the estate's cash (bank savings), holding the disputed property excluded from the estate for costs purposes; the administrator was not entitled to indemnity out of the estate because he failed to obtain Beddoe-type authorization, adopted an inappropriate Order 113 procedure, acted unreasonably and placed his firm in conflict, and therefore his costs should not be borne by the estate; the court retained that, as a principle, costs of administration (and any administrator costs properly allowed) r…
29 Apr 1999

MUTUAL LUCK INVESTMENT LTD. v. CHIU YIM MAN AND OTHERS

Citation

MUTUAL LUCK INVESTMENT LTD. v. CHIU YIM MAN AND OTHERS
Court

Court of First Instance
Case number

HCMP6047/1998

The master erred in dismissing the originating summons on the basis that Ord.113 was an inappropriate procedure; where claim falls within Ord.113 it should not be dismissed for that reason but converted to writ proceedings; the appeal is allowed, the master's order set aside and proceedings ordered to continue as if begun by writ with directions for pleadings and discovery; dismissal might have been permissible given absence of admissible evidence but that issue need not be decided on appeal because the plaintiff sought to remedy evidential defects.

Hong Kong Case Law

HO LUNG THOMAS IGNATIUS the administrator of the estate of YAU CHUN WING , deceased v. ALL OCCUPIERS of ALL THAT AND ANOTHER

CHAN GORDON v. LEE WAI HING AND ANOTHER

MUTUAL LUCK INVESTMENT LTD. v. CHIU YIM MAN AND OTHERS