Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Personal representatives

Legal area

Court

16 Sept 1991

LEE CHEE (OR TSE) NGOR, MORETA v. THE PRUDENTIAL ENTERPRISE LTD

Citation

LEE CHEE (OR TSE) NGOR, MORETA v. THE PRUDENTIAL ENTERPRISE LTD
Court

Court of First Instance
Case number

HCMP187/1991

Transfer from the personal representative to the plaintiff did not fall within Article 36(g)'s exception; it was captured by Article 36(f) and subject to the pre-emption right, and the court was not satisfied the s.69(1B) application was well founded, so registration could not be ordered.
29 Nov 1983

SAMWA CO LTD v. LAU CHO CHEONG

Citation

SAMWA CO LTD v. LAU CHO CHEONG
Court

Court of First Instance
Case number

HCA671/1982

Appeal allowed: summary judgment was inappropriate because the personal representatives were entitled to investigate the claim and the plaintiff should be put to strict proof; accordingly unconditional leave to defend was granted and procedural directions for pleadings, discovery and trial were ordered.
29 Apr 1982

SHEK YEE WAN AND ANOTHER v. LEUHG HUI AND OTHERS

Citation

SHEK YEE WAN AND ANOTHER v. LEUHG HUI AND OTHERS
Court

Court of Appeal
Case number

CACV40/1982

Personal representatives who have been receiving rent are 'landlord' within s.49 and therefore entitled to seek possession under s.53(2)(b); because the trial judge would have found the premises reasonably required and that an order would not be manifestly unjust, the appeal succeeds and possession is ordered.