Hong Kong Case Law: Decisions & Judgments

Topic

Survival of actions

Legal area

Court

24 May 2019

WAI MING KUI, by WAI FONG FONG, his next friend v. EXPRESS SECURITY LTD

Citation

[2019] HKDC 703
Court

District Court
Case number

DCEC2254/2018

The next friend's role ceased on the applicant's death; therefore the correct procedure is to make the next friend a party and carry on the proceedings by substituting her for the deceased applicant; accordingly the court ordered substitution, amendment of the title to reflect appointment to represent the estate, and awarded costs to the respondent.
5 Oct 1999

Chung Yi Yuen v. Lau Koon Shing and Another

Citation

Chung Yi Yuen v. Lau Koon Shing and Another
Court

Court of Appeal
Case number

CACV46/1999

The Court of Appeal concluded that the question whether an intended administrator may institute and pursue proceedings in his own name prior to obtaining letters of administration and the correct interpretation of Order 15 rule 6A vis-à-vis section 55A is a question of great general or public importance; accordingly the court made an order under section 22(1)(b) referring the question to the Court of Final Appeal and accepted the plaintiff's undertaking to notify defendants within 24 hours of any grant of representation.
29 Nov 1984

AU YIN HO AND ANOTHER v. HUNG YUK SHAN AND OTHERS

Citation

AU YIN HO AND ANOTHER v. HUNG YUK SHAN AND OTHERS
Court

Court of First Instance
Case number

HCA6445/1983

Section 19(1)(c) does not extend to persons who have been sued and found not liable; that exclusion applies equally to an administrator sued on behalf of a deceased tortfeasor, therefore the 1st and 2nd Defendants are not entitled to contribution from the 3rd Defendant whose action was dismissed as time-barred.
29 Sept 1975

RE YAM WONG TAK

Citation

RE YAM WONG TAK
Court

Court of First Instance
Case number

HCAP406/1975

Section 36 of the Probate and Administration Ordinance is sufficiently broad to permit the court to appoint an Official Administrator to the deceased's estate even where no proceedings have yet been instituted; therefore appointment under Section 36 is the appropriate remedy and the application is granted.

Hong Kong Case Law

WAI MING KUI, by WAI FONG FONG, his next friend v. EXPRESS SECURITY LTD

Chung Yi Yuen v. Lau Koon Shing and Another

AU YIN HO AND ANOTHER v. HUNG YUK SHAN AND OTHERS

RE YAM WONG TAK