Hong Kong Case Law: Decisions & Judgments

Topic

Administration pendente lite

Legal area

Court

27 Feb 2012

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

Citation

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCAP8/2007

The court found the Administrators had a good arguable case on liability for quantified Additional Costs and that multiple objective factors—prior findings of the defendant's dishonesty, his public disparagement of the courts, precarious financial position, delaying tactics and capacity to move assets internationally—created a real risk of dissipation; accordingly the Mareva injunction and a broad post‑judgment disclosure order were justified. The discharge and variation applications failed because no material change dispelled the risk of dissipation and the post‑judgment disclosure should no…
16 Apr 2010

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

Citation

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCAP8/2007

The court ordered the 1st Defendant to pay the Plaintiff's costs on an indemnity basis and to indemnify the estate for costs properly incurred because the judge found, on the facts, that the 1st Defendant knowingly propounded a forged 2006 will and deliberately deceived the court; the Secretary for Justice's costs up to judgment are to be paid out of the estate with the 1st Defendant indemnifying the estate because the Secretary was reasonably joined and his involvement flowed from the 1st Defendant's propounding of the 2006 will; administration pendente lite costs and costs of appointment ar…
11 May 2005

WANG DIN SHIN v. NINA KUNG

Citation

WANG DIN SHIN v. NINA KUNG
Court

Court of Appeal
Case number

CACV300/2003

The Court held that disclosure could not be ordered merely because the Father was named as executor or beneficiary while administration pendente lite remains in force (s.42 PAO); the asserted assistance ground was unsupported and the risk of prejudice, confidentiality concerns and the imminence of the Court of Final Appeal determination justified setting aside the disclosure order and staying the application pending the probate appeal; costs to be subject to trustee basis taxation and allocated to the probate appeal.
15 Nov 1993

THE BANK OF NEW YORK v. ADRIENNE MARSH LEFKOWITZ

Citation

THE BANK OF NEW YORK v. ADRIENNE MARSH LEFKOWITZ
Court

Court of First Instance
Case number

HCAP5/1991

On the facts the court exercised its discretion under s.36 to permit transfer of US$4.7m to the US administrators: the transfer did not infringe s.42 because the Hong Kong administration remained under officers appointed by and under control of the Hong Kong court and did not enable the plaintiff to act as Hong Kong executor; it did not constitute prohibited distribution under s.40(2) because it was a reasonable transfer to further administration abroad while leaving sufficient funds in Hong Kong to protect the defendant's claims; the application was not premature given the state of administr…
25 Oct 1989

IP (OR YIP) CHEUNG (OR CHIANG) KWOK AND ANOTHER v. IP SIU BUN AND OTHERS

Citation

IP (OR YIP) CHEUNG (OR CHIANG) KWOK AND ANOTHER v. IP SIU BUN AND OTHERS
Court

Court of Appeal
Case number

CACV79/1988

The court held that although a claimant who asserts he is the sole beneficiary of an intestate settlor lacks a present proprietary interest in specific estate assets and would not be entitled in his personal capacity to declarations binding absent personal representatives, the High Court had jurisdiction and discretion to appoint the claimant under Order 15 r 15 to represent the settlor's estate for the purposes of the proceedings; the proceedings were irregular but not void ab initio, the representation order was valid in the circumstances, and the Bank's late ground H challenging the order…

Hong Kong Case Law

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

WANG DIN SHIN v. NINA KUNG

THE BANK OF NEW YORK v. ADRIENNE MARSH LEFKOWITZ

IP (OR YIP) CHEUNG (OR CHIANG) KWOK AND ANOTHER v. IP SIU BUN AND OTHERS