NANYANG COMMERCIAL BANK TRUSTEE LTD AND ANOTHER v. JOHN KU, TAM & HO (a firm)

NANYANG COMMERCIAL BANK TRUSTEE LTD AND ANOTHER v. JOHN KU, TAM & HO (a firm)

Defendant misappropriated certified copies of notarial certificates entrusted by Plaintiffs and produced them without consent; the documents were necessary to obtain Letters of Administration which covered the whole estate including DMC, fees were payable based on the gross estate including DMC, and Plaintiffs suffered loss equal to the unpaid 50% of their respective fees; accordingly Defendant ordered to pay $905,957 to 1st Plaintiff and $4,529,785 to 2nd Plaintiff with interest and costs.

Citation
NANYANG COMMERCIAL BANK TRUSTEE LTD AND ANOTHER v. JOHN KU, TAM & HO (a firm)
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2010
Case Number
HCA1742/2007
Procedural Posture
Assessment of Damages Pursuant to Interlocutory Judgment on Liability / Assessment of Damages Hearing
Outcome
Judgment for Plaintiffs on assessment of damages; Defendant ordered to pay damages, interest and costs
Legal Topics
Unauthorized Use/misappropriation of Disclosed Documents, Notarial Certificates and Probate Requisitions, Letters of Administration, Donatio Mortis Causa, Implied Undertaking on Disclosure
Source Language
EN
Civil Procedure Probate Trusts and Estates Tort (conversion/misappropriation) Remedies (damages) Unauthorized Use/misappropriation of Disclosed Documents Notarial Certificates and Probate Requisitions Letters of Administration +2 more

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Assessment of Damages Pursuant to Interlocutory Judgment on Liability / Assessment of Damages Hearing

Legal Issues

  1. 1 Whether the Defendant unlawfully used notarial certificates entrusted by Plaintiffs
  2. 2 Whether production of notarial certificates was necessary for grant of Letters of Administration
  3. 3 Whether fees for notarial certificates are payable on whole estate including Donatio Mortis Causa (DMC) assets

Ratio Decidendi

Defendant misappropriated certified copies of notarial certificates entrusted by Plaintiffs and produced them without consent; the documents were necessary to obtain Letters of Administration which covered the whole estate including DMC, fees were payable based on the gross estate including DMC, and Plaintiffs suffered loss equal to the unpaid 50% of their respective fees; accordingly Defendant ordered to pay $905,957 to 1st Plaintiff and $4,529,785 to 2nd Plaintiff with interest and costs.

Court Disposition

Judgment for Plaintiffs on assessment of damages; Defendant ordered to pay damages, interest and costs

Orders

  • Defendant to pay 1st Plaintiff the sum of 905957
  • Interest on 905957 from 17 August 2001 to date of judgment at 4% per annum and thereafter at judgment rate until payment