Read the full judgment text of HCPI 301/2012 on BabelCite. This High Court CFI judgment was delivered on 16 April 2014 before Bharwaney J.
Fatal Accidents Ordinance – commencement of proceedings – letters of administration – conflict between dependants – conduct of proceedings – apportionment – preliminary issue – sanctioned payments – procedure – High Court – Court of First Instance – HCPI 301/2012 – HCPI 764/2012 – HCPI 197/2013 – Bushra Bibi – Nabela Qoser – Wong Choi Lam Jo – Xue Jianjun – Method Building & Engineering Works Limited – Leighton Contractors (Asia) Limited – Safewell Gondola (HK) Limited – Yiu Fung Engineering Company Limited – Leader Engineering & Construction Limited – How to commence and carry on proceedings without letters of administration or grant of probate – FAO s.5(2) and RHC Order 15 r 6A(3) – How proceedings should be commenced and conducted when persons claiming to have been dependent on the deceased are in conflict with each other – Excluded dependants can apply to be added as dependants or intended administrator can apply to be substituted – Trial on preliminary issue of quantum and apportionment before trial on liability – May be necessary to order trial of preliminary issue on quantum and apportionment before trial on liability – Conduct of proceedings – Default position is administrator; may be given to majority stakeholder or dependant with greater resources – Sanctioned payments and offers – Defendant can make sanctioned payment without specifying apportionment; dependants can make joint offers but not separate offers on liability – Costs reserved – Check List Review hearing fixed
Legal issues: Commencement without letters of administration · Conflict between dependants · Trial on preliminary issue of quantum and apportionment · Conduct of proceedings · Sanctioned payments and offers
Outcome: Guidance given on procedure for fatal accident claims involving conflicting dependants and lack of letters of administration. Costs reserved.
Cites 5 cases