LI YILIN, the administratrix of the estate of YIP FUNG KAM, deceased v. YIP CHI HO

DCCJ 1595/2022

[2025] HKDC 760

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 1595 OF 2022

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DECISION

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1.  This is the PTR for a trial scheduled to start in August 2025.

2.  Ms Kitty Tsang acts for the plaintiff (“P”). Mr Lee Wai Wah acts for the defendant (“D”). Having read all papers, I raised a requisition as to whether two paragraphs in the Defence and Counterclaim (“D&CC”) or the allegations therein should be struck out or otherwise excluded from consideration. By a letter dated 28 April 2025, D’s current solicitors (not the same solicitors who prepared the D&CC in July 2022) confirmed their consent to my proposed exclusion of such allegations from consideration under Order 1B rule 1(2)(j) of the Rules of the District Court (Cap 336H), primarily because they agreed with my observation that the District Court would not have the jurisdiction or power to revoke letters of administration granted by the High Court.

3.  On the basis of the above, all things considered, I hereby make the following order: -

(1)  The trial shall start on 25 August 2025 as scheduled.

(2)  Allegations concerning the lawfulness, validity or legal effects of letters of administration granted by the High Court be completely excluded from consideration at the upcoming trial, and all letters of administration granted by the High Court are to be treated as lawful, valid and effective in law for the purposes of this litigation.

(3)  Parties are specifically directed to consider agreeing on the quantum of mesne profits potentially payable (in the event of legal liability being established), or to engage a single joint expert to produce a professional valuation report to assist the Court on its assessment exercise. In the event such quantum can be agreed, the agreement is to be recorded in writing, signed by the parties or their solicitors, and a copy of the signed written record shall be inserted into the trial bundle.

(4)  P shall lodge and serve both hard and soft copies of P’s written opening, list of authorities, copies of authorities by 4 pm on 4 August 2025. Soft copies of P’s written opening shall be in both PDF and MS Word formats.

(5)  D shall lodge and serve both hard and soft copies of D’s written opening, list of authorities, copies of authorities by 4 pm on 11 August 2025. Soft copies of D’s written opening shall be in both PDF and MS Word formats.

(6)  The trial should be conducted bilingually, that is to say with submissions being made and received in English, and with live oral evidence being given and received in Cantonese.

(7)  Translation of documents be dispensed with.

(8)  All filed and exchanged factual witness statements can be adopted as evidence-in-chief.

(9)  Costs of this PTR with Certificate for Counsel be in the cause.

(10)  P’s solicitors shall draw up, file and serve this order and insert a copy of the sealed version into the trial bundle.