Hong Kong Case Law: Decisions & Judgments

Topic

Administratrix pendente lite

Legal area

Court

22 Jun 2021

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. CHARM INVESTMENTS LTD

Citation

[2021] HKCFI 1787
Court

Court of First Instance
Case number

HCA1935/2019

Lodgement of the grant does not automatically terminate the executrix’s standing to continue actions she has commenced; on the facts the defendants failed to show the balance of convenience favoured a stay of the Share and Property Actions pending the Probate Action, so the stay applications are dismissed; applications for appointment of an administratrix pendente lite are unnecessary while a grant exists and are adjourned sine die with liberty to restore.
2 Sept 2009

HAN YI v. NGAN SHUN WAH AND OTHERS

Citation

HAN YI v. NGAN SHUN WAH AND OTHERS
Court

Court of First Instance
Case number

HCAP8/2008

Given the emergence of the Transfer Agreement and Termination Agreement and the attendant risk that the Estate's business and interests would be irreparably affected, the court exercised its discretion to make a limited grant of administration pendente lite appointing the 1st defendant as Administratrix for the sole purpose of protecting and preserving the Estate's interest in the registered business (Lin Heung Tea House & Bakery). Representation orders under O.15 r.6A or r.15 were inadequate in context because they do not clearly enable effective prosecution of actions commenced by the estat…
21 Dec 2005

TSUI WAI CHAU v. TSUI WAI HO

Citation

TSUI WAI CHAU v. TSUI WAI HO
Court

Court of First Instance
Case number

HCA2086/1999

The application was dismissed because notices and papers were properly sent to the applicant's address on record, the applicant's absence and excuse were unsatisfactory and unduly delayed, the appointment of an administratrix pendente lite was necessary and justified to preserve the estate pending appeal, and distribution of the HSBC shares is premature and beyond the administratrix pendente lite's jurisdiction; costs were awarded against the applicant.

Hong Kong Case Law

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. CHARM INVESTMENTS LTD

HAN YI v. NGAN SHUN WAH AND OTHERS

TSUI WAI CHAU v. TSUI WAI HO