Hong Kong Case Law: Decisions & Judgments

Topic

Representation order

Legal area

Court

9 Oct 2020

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

Citation

[2020] HKCA 805
Court

Court of Appeal
Case number

CACV2/2009

Because the probate action was finally determined that the 2nd Defendant is the lawful adopted daughter and the Plaintiff has no interest in the estate, the Plaintiff lacked locus standi to represent the estate; therefore the representation order appointing the Plaintiff is set aside and the originating summons is struck out, and the Plaintiff must pay the 2nd Defendant's costs in the Court of First Instance; appointment of an administratrix must be sought in the Probate Registry.
11 Jan 2017

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING

Citation

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING
Court

Court of First Instance
Case number

HCA1479/2016

The ex parte summons was dismissed: the court declined to make a declaration of death or presumed death and declined to make a representation order under Order 15 r6A because (a) it was not appropriate to grant the declaratory relief in the ex parte context and declarations are statements of legal right not mere factual findings, and (b) the applicant failed to show the representation order was necessary or that all reasonable steps had been taken to trace beneficiaries, so the court would not exercise its discretion to appoint a representative.
1 Nov 2012

WONG SHING CHI JOHNLY v. WONG WAI MING

Citation

WONG SHING CHI JOHNLY v. WONG WAI MING
Court

Court of First Instance
Case number

HCA25/2012

The representation order was set aside because the plaintiff commenced the action as representative without the requisite locus at the time of the writ; Order 15 r.15 cannot be used to cure lack of locus and therefore the proceedings were a nullity, justifying allowing the setting aside application and dismissing the ancillary account claim.
27 Oct 2008

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

Citation

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER
Court

Court of First Instance
Case number

HCMP635/2006

The court held that a purported beneficiary has locus to pursue claims that are connected with the proper administration of an un-administered estate (here Paras 1 and 3), but an action is procedurally irregular if no person is appointed to represent the estate; the irregularity may be cured by a representation order under Order 15 r 15. The plaintiff was an appropriate appointee; accordingly the master was right to strike out as against the Official Solicitor given the irregularity but, once representation was granted, Paras 1 and 3 should be permitted to continue against the Official Solici…
2 Nov 2007

TSANG PEI YING GRACE AND ANOTHER v. KAN SAU LAN

Citation

TSANG PEI YING GRACE AND ANOTHER v. KAN SAU LAN
Court

Court of First Instance
Case number

HCAP1/2007

The Court has jurisdiction under Order 15 r15 to appoint a representative for the Estate and, in the exercise of its discretion to protect the Estate's interests pending trial and where allegations of intermeddling exist and no practicable alternative was proposed, it is appropriate to appoint the Plaintiffs to represent the Estate and to permit amendment of the writ; merits of allegations are reserved for trial.
28 Nov 1990

IP CHEUNG KWOK v. IP SIU BUN AND OTHERS

Citation

IP CHEUNG KWOK v. IP SIU BUN AND OTHERS
Court

Court of Appeal
Case number

CACV79/1988

The Court of Appeal upheld the trial judge's costs orders. The Bank was not entitled to retain its full costs out of the trust fund because it failed to obtain timely Beddoe leave, acted unreasonably in defending and prosecuting speculative private trust arguments and in substance for its own benefit; accordingly the Bank may only recover from the fund the sum fixed to represent costs it would have incurred had it promptly sought Beddoe/strike-out relief ($200,000). The appeal was dismissed with costs and specific allocations were ordered between the Bank, the plaintiff, the Attorney General…

Hong Kong Case Law

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING

WONG SHING CHI JOHNLY v. WONG WAI MING

LILY CHEUNG v. THE OFFICIAL SOLICITOR AND ANOTHER

TSANG PEI YING GRACE AND ANOTHER v. KAN SAU LAN

IP CHEUNG KWOK v. IP SIU BUN AND OTHERS