Hong Kong Case Law: Decisions & Judgments

Topic

Joinder of interested parties

Legal area

Court

5 Oct 2023

SUN KING KAI (孫慶愷) also known as DEBORAH KING KAI SUN and also known as DEBORAH KING SUN, the Executrix of the estate of KONG TUEN (or DUEN) YEE (江端儀), deceased v. COLLEEN CHEN (張可兒) also known as COLLEEN CHEUNG and also known as RUTH CHEUNG AND ANOTHER

Citation

[2023] HKCFI 3046
Court

Court of First Instance
Case number

HCMP777/2023

The court found on the facts that the Flats are subject to a charitable trust for the advancement of Christianity but declined to grant a declaration of trust because not all interested parties were before the court and the remedy had not been submitted at trial.
6 Jun 2018

CHEUNG HING v. WAH FUNG FOREST RESOURCES LTD

Citation

[2018] HKCFI 1623
Court

Court of First Instance
Case number

HCMP3/2016

The court found a real doubt as to whether the company has a valid board or whether the company's solicitors have authority to act; because authority to represent the company is a fundamental preliminary issue it must be determined first — accordingly the proceedings were adjourned sine die and directions will be given for determination of the authority issue (including appropriate evidence and cross‑examination) and consideration of joinder of interested persons; the pending winding‑up petition and potential investigatory powers of liquidators weigh against immediate continuation of these re…
18 Sept 2014

FUNG SHEK WA v. CHANG LAI YUE

Citation

FUNG SHEK WA v. CHANG LAI YUE
Court

Court of First Instance
Case number

HCA2258/2013

The appeal was dismissed because on a rehearing the court concluded it would be inappropriate to grant interlocutory declaratory relief by default judgment on unproved pleaded allegations where extrinsic records (Town Planning correspondence and Land Registry incumbrances) raised real questions about defendant interest and potential mortgagee interests; plaintiff must produce the registered documents, satisfy the court on service and explain why registered mortgagees or other parties need not be joined before any declaration is made.
23 Jul 1985

YEUNG CHI DING AND OTHERS v. YEUNG TSE CHUN alias YEUNG TSE CHING

Citation

YEUNG CHI DING AND OTHERS v. YEUNG TSE CHUN alias YEUNG TSE CHING
Court

Court of First Instance
Case number

HCAP1/1979

On the balance of probabilities the plaintiffs proved they were the deceased's surviving children; the defendant's claim rested on an unsupported and informal alleged 1954 adoption which failed customary and evidentiary requirements and thus he had no title or interest; the earlier adoptee To Chung Yuk had been validly adopted out and had no residual entitlement; the prior grant to the defendant is revoked and Letters of Administration are granted to the plaintiffs' lawful attorney with costs against the defendant.
30 Apr 1985

PATRICIA AUNETTE SHEPPARD v. RICHSTONE INDUSTRIES CO LTD AND OTHERS

Citation

PATRICIA AUNETTE SHEPPARD v. RICHSTONE INDUSTRIES CO LTD AND OTHERS
Court

District Court
Case number

DCEC113/1984

The District Court, exercising its special jurisdiction under the Employees' Compensation Ordinance (Cap. 282), does not have statutory power to determine claims for indemnity against an insurer arising from compensation proceedings; joinder under Rule 24 is permitted but does not confer jurisdiction to grant indemnity, and waiver cannot supply a missing functional jurisdiction. The indemnity claim must be pursued separately in the appropriate forum (High Court).

Hong Kong Case Law

SUN KING KAI (孫慶愷) also known as DEBORAH KING KAI SUN and also known as DEBORAH KING SUN, the Executrix of the estate of KONG TUEN (or DUEN) YEE (江端儀), deceased v. COLLEEN CHEN (張可兒) also known as COLLEEN CHEUNG and also known as RUTH CHEUNG AND ANOTHER

CHEUNG HING v. WAH FUNG FOREST RESOURCES LTD

FUNG SHEK WA v. CHANG LAI YUE

YEUNG CHI DING AND OTHERS v. YEUNG TSE CHUN alias YEUNG TSE CHING

PATRICIA AUNETTE SHEPPARD v. RICHSTONE INDUSTRIES CO LTD AND OTHERS