Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Capacity of defendant
  • 15 Mar 2005

    LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER

    Citation
    LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV59/2005

    The Court allowed the appeal because the judge below was wrong to treat the administrator as sued personally; the Probate Action must be tried first since its outcome is likely to determine the proper conduct and fate of the Miscellaneous Proceedings, including possible removal of the administrator, therefore the Miscellaneous Proceedings must be adjourned pending the Probate trial; costs awarded to appellants, with recoupment from the estate left to the trial judge.