Hong Kong Case Law: Decisions & Judgments

Topic

Order 85 directions

Legal area

Court

30 Sept 2024

NG KIN YUEN, Administrator of the estate of LAM TIM STAN also known as LAM TIM alias STAN LAM TIM, deceased v. LAM SIK YING VICTOR AND OTHERS

Citation

[2024] HKCFI 2689
Court

Court of First Instance
Case number

HCMP1924/2020

The court accepted the unchallenged expert opinions of Prof Li and Mr Lin that the factual circumstances (adoption as an infant in 1939, family recognition, taking adopter's surname) satisfied Qing law and custom; accordingly Mary was lawfully adopted and is a beneficiary. The court found Victor's allegation of a 1970 'fuzheng' dinner elevating Madam Wong to wife to be inherently implausible and contradicted by repeated prior admissions by Victor and by Madam Wong herself in formal court documents; therefore Madam Wong was a concubine at the time of the deceased's death. Victor's late attempt…
17 Jul 2020

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERSDARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

Citation

[2020] HKCA 591
Court

Court of Appeal
Case number

CACV157/2017

Court of Appeal upheld the Judge's core findings: Rhind J's 1985 declaration was directed at nullifying Lee Ng's entitlement in respect of the Derby Road property and did not void the whole 1956 Deed or the 1957 Agreement; objective contemporaneous facts and conduct supported an inference that prior distributions under the two documents occurred to the exclusion of the 3rd son; the evidential burden lay on challengers to rebut that inference; given the age of the events and evidential difficulties, an Order 85 summary disposal was appropriate; interim sums received by the 3rd son/estate total…
21 May 2014

HIGHMAX OVERSEAS LTD AND OTHERS v. CHAU KAR HON, QUINTON AND ANOTHER

Citation

HIGHMAX OVERSEAS LTD AND OTHERS v. CHAU KAR HON, QUINTON AND ANOTHER
Court

Court of Appeal
Case number

CACV111/2013

The Court held the Deputy High Court Judge erred by directing how four non‑trustee property holding companies should respond to the TIB summons via Beddoe/Order 85 directions: the court has no power to dictate the conduct of companies whose management duties rest with their directors, the trustee cannot be directed to usurp directors' roles especially where corporate structure and trust deed protections apply, and the absence of financial resources to fund any resistance rendered such Beddoe directions inappropriate; accordingly the order was set aside.

Hong Kong Case Law

NG KIN YUEN, Administrator of the estate of LAM TIM STAN also known as LAM TIM alias STAN LAM TIM, deceased v. LAM SIK YING VICTOR AND OTHERS

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERSDARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

HIGHMAX OVERSEAS LTD AND OTHERS v. CHAU KAR HON, QUINTON AND ANOTHER