LI LAI YUEN, the committee of the estate of TMF, a mentally incapacitated person (pursuant to the Order of The Hon Madam Justice B. Chu made on 6 September 2021 under Part II of the Mental Health Ordinance, Cap.136), being the Administratrix of the estate of Li Chik Ming, Deceased v. LI KIM FEI AND OTHERS

HCA 1125/2022

[2024] HKCFI 2514

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1125 OF 2022

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DECISION

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1.  The plaintiff (“P”) has been appointed the committee of a mentally incapacitated person (“TMF”). TMF is the sole administratrix of the estate of her late husband (“LCM”). TMF and LCM had 6 children. P, the 1^st defendant (“D1”) and the 2^nd defendant (“D2”) are 3 of them. The estate of LCM comprises certain properties (as particularized in the title of this case, the “Properties”). P says that D1 and D2 have without authority taken possession of the Properties. She is suing for possession of the same, account and inquiry of inter alia the rent received and receivable, further or alternatively restitution for unjust enrichment, damages, and injunction restraining D1 and D2 from obstructing and interfering with the powers and function of P as the committee of TMF by continuing to trespass the Properties and depriving P of the rental income thereof.

2.  D1 and D2 have filed a Defence (since amended, the “Amended Defence”). They have however since failed to attend the case management meeting on 3 November 2023, failed to file list of documents, and failed to exchange witness statements.  On 20 February 2024, P obtained an unless order against them to the effects, inter alia, that unless D1 and D2 file and serve their list of documents by 4:00 pm 2 April 2024, their Amended Defence be struck out.

3.  D1 and D2 have failed to comply with the unless order.  Their Amended Defence has been struck out.

4.  By summons of 10 July 2024 (the “Summons”), P seeks default judgment against D1 and D2, in effect on the basis that they have defaulted in filing any defence.

5.  I am satisfied that all documents have been validly served on D1 and D2.

6.  D3 have not filed any acknowledgment of service or defence.

7.  I have considered the Amended Writ of Summons indorsed with a statement of claim.  With the following updates, on the face of the pleading, P appears to be entitled to the relief sought in the Summons:

(a)  Words “be delivered to the plaintiff” be added to the end of (1) of the Summons; and

(b)  (4) of the Summons be deleted, with confirmation from Mr Andy Chan, counsel for P, the P is not seeking any damages addition to inter alia the account.

8.  I grant P default judgment as updated in terms.