Hong Kong Case Law: Decisions & Judgments

Topic

Representation of deceased estate

Legal area

Court

30 Jan 2024

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO, his GUARDIAN AD LITEM

Citation

[2024] HKCFI 313
Court

Court of First Instance
Case number

HCA558/2015

O.15 r.15(1) applies where a deceased party had been interested in the proceedings and has no personal representative; AA was properly appointed to represent TA’s estate for the purposes of this action without proof of assignment or devolution of interest, a stay pending probate was refused, and AA’s appointment will not be rendered void merely if he is later not appointed personal representative.
25 Sept 2020

HO FRANCIS SIU MING v. THE PERSONAL REPRESENTATIVE(S) OF THE ESTATE OF LAI WUN, DECEASED

Citation

[2020] HKCFI 2505
Court

Court of First Instance
Case number

HCMP1100/2019

Given the Property is a small unit in a multi-storey building (approx. 293 sq ft) partition is impracticable; there is no evidence from the defendant or the estate showing that an order for sale would not be beneficial or would cause very great hardship; service requirements including service on the Director of Lands and appointment of the Official Solicitor for limited service were satisfied; accordingly an order for sale under s.6 of the Partition Ordinance should be made and the originating summons can be determined on the papers.
4 Oct 2017

TSANG, HOI WAH AVA, deceased AND ANOTHER v. BANCKA LTD

Citation

TSANG, HOI WAH AVA, deceased AND ANOTHER v. BANCKA LTD
Court

Court of First Instance
Case number

HCMP1427/2017

The court was satisfied it was probable that Letters of Administration would be obtained and that the 2nd applicant could be appointed to represent the deceased's estate under O.15 r.6A; s570(2)(b) is engaged where it is probable the applicant will become a member, therefore the court could grant orders to convene EGMs and permit appointment of an additional director pending formal probate/administration.
2 Nov 2000

KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS

Citation

KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP5169/1999

The appeal is dismissed because the plaintiffs succeeded on arguments that did not involve the contested Chinese translation, so the disputed translation did not need to be resolved; accordingly the appellants' challenge failed and costs are awarded to the plaintiffs to be taxed on a party and party basis.

Hong Kong Case Law

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO, his GUARDIAN AD LITEM

HO FRANCIS SIU MING v. THE PERSONAL REPRESENTATIVE(S) OF THE ESTATE OF LAI WUN, DECEASED

TSANG, HOI WAH AVA, deceased AND ANOTHER v. BANCKA LTD

KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS