Hong Kong Case Law: Decisions & Judgments

Topic

Representation of deceased's estate

Legal area

Court

5 Jun 2024

SECURITIES AND FUTURES COMMISSION v. LEUNG ANITA FUNG YEE MARIA AND OTHERS

Citation

[2024] HKCFI 1607
Court

Court of First Instance
Case number

HCMP1917/2019

Given the absence of any cooperating executor or consenting personal representative, the court ordered that the proceedings continue in the absence of a person representing the estate of the deceased 2nd Respondent, amended the title to refer to the estate, and held that any orders or judgments bind the estate to the same extent as if a personal representative had been present; costs were ordered against the estate.
20 Apr 2021

ORIENT FIRST CAPITAL LTD v. YAU FOOK SUM AND ANOTHER

Citation

[2021] HKCFI 1074
Court

Court of First Instance
Case number

HCMP1337/2019

The 2nd defendant was the appropriate person to represent the Estate because he was executor, co-owner, mortgagor/borrower and already a defendant; the alleged conflict of interest with the widow and sons was unsupported and effectively non-existent; the 2nd defendant's repeated non-attendance and failure to follow directions entitled the court to proceed in his absence and to appoint him to represent the Estate and carry on the proceedings.
11 Jan 2018

LAW FEI SHING v. TO CHIU KWAI

Citation

[2018] HKDC 25
Court

District Court
Case number

DCCJ1450/2017

The appeal was dismissed because the appellant failed to provide satisfactory evidence that the defendant was dead or to show a sufficient interest in the defendant's estate; inferences from the age of a historic lease were insufficient and reasonable enquiries required to establish death and succession were not made.
4 Oct 2017

TSANG, HOI WAH AVA, deceased AND ANOTHER v. FIRST IMPRESSION LTD

Citation

TSANG, HOI WAH AVA, deceased AND ANOTHER v. FIRST IMPRESSION LTD
Court

Court of First Instance
Case number

HCMP1430/2017

The court held that Order 15 r.6A permits appointment of the 2nd applicant to represent the deceased's estate before Letters of Administration are obtained and that s.570(2)(b) is engaged where the applicant demonstrates it is probable he will become a member; accordingly the court may grant the substantive relief sought immediately (convening EGMs, dispensing with notice, treating attendance as quorum and permitting appointment of an additional director).
16 Apr 2014

WONG CHOI LAM JO, the Administratrix of the estate of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING COMPANY LTD AND ANOTHER

Citation

WONG CHOI LAM JO, the Administratrix of the estate of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING COMPANY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI764/2012

The court set out and directed a mandatory procedural framework: FAO claims may be commenced before probate/administration by naming the deceased in the title and must be followed by an Order 15 r 6A(4) application for a person to represent the estate (carry-on order) within the writ service period; where dependants are in conflict the court will case-manage and may order a preliminary trial on quantum and apportionment (potentially before liability), allocate conduct of the liability proceedings (administrator as default but may be given to majority stakeholder), and control sanctioned offer…
21 Jul 2000

CHAN CHIU LAM AND ANOTHER v. YAU YEE PING

Citation

CHAN CHIU LAM AND ANOTHER v. YAU YEE PING
Court

Court of Appeal
Case number

CACV23/2000

Because substantive issues in the action remained undecided, the Court recalled the costs order nisi, made no order as to the costs of the action to date, and remitted all outstanding questions and all questions as to costs to the Court of First Instance; costs of the hearing that day were ordered to be costs in the action.

Hong Kong Case Law

SECURITIES AND FUTURES COMMISSION v. LEUNG ANITA FUNG YEE MARIA AND OTHERS

ORIENT FIRST CAPITAL LTD v. YAU FOOK SUM AND ANOTHER

LAW FEI SHING v. TO CHIU KWAI

TSANG, HOI WAH AVA, deceased AND ANOTHER v. FIRST IMPRESSION LTD

WONG CHOI LAM JO, the Administratrix of the estate of WONG WAI LEUNG, the deceased v. YIU FUNG ENGINEERING COMPANY LTD AND ANOTHER

CHAN CHIU LAM AND ANOTHER v. YAU YEE PING