29 Oct 2021
CHEUNG SIU LING, the intended personal representative of the estate of Cheung Yin Kwong, deceased AND OTHERS v. TSE YUK LIN AND ANOTHER
- Citation
- [2021] HKDC 1290
- Court
- District Court
- Case number
- DCCJ759/2021
The court found there was a serious question to be tried on competing factual and legal claims to the right of way and that it was premature to decide merits on affidavits; the defendants' undertaking provided interim access and preserved the plaintiffs' position, so no interlocutory order was made on the amended injunction summons; the court exercised its discretion to allow procedural relief to enable the estates to participate (substitution of the executrix and appointment of a representative administrator) because there was no real prejudice to defendants and it was necessary to safeguard…