LAU KOON YING MATTHEW as the Executor of the estate of LAU YIU WING, deceased (“the Deceased”) v. LAU TARK WING AND ANOTHER

LAU KOON YING MATTHEW as the Executor of the estate of LAU YIU WING, deceased (“the Deceased”) v. LAU TARK WING AND ANOTHER

The court found insufficient evidence of the alleged oral Arrangement and of inducement to set aside the Renunciation/DFA, but found on the balance of probabilities that defendants (Lau Tark Wing and his companies and/or the Grandmother) held the Fathers share of the sale proceeds of Lots 2785/3825 and rental proceeds from Lot 3763 sublots as fiduciaries/agents and failed to account; limitation defences failed because equitable claims for trust property/accounts are not time-barred under the Limitation Ordinance as applied.

Citation
LAU KOON YING MATTHEW as the Executor of the estate of LAU YIU WING, deceased (“the Deceased”) v. LAU TARK WING AND ANOTHER
Parties
Plaintiff and Executor of the Estate of Lau Yiu Wing: Lau Koon Ying Matthew; 1st Defendant; Executor of the Estate of Tang Mei Ho; Principal Defendant: Lau Tark Wing; Defendant (company Controlled by Lau Tark Wing): Wing Hing Resources Limited; Defendant (company Controlled by Lau Tark Wing): Caba Resources Limited; Defendant (represented by Executor Lau Tark Wing): Estate of Tang Mei Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2017
Case Number
HCAP23/2013
Procedural Posture
Probate Action and Two Consolidated Civil Actions Concerning Estates, Trusts and Accounts / Judgment at Trial (court of First Instance)
Outcome
Partial judgment for plaintiff: plaintiff entitled to accounts in respect of specified sale proceeds and rental income; other claims dismissed and Renunciation/DFA not set aside.
Legal Topics
Account of Trust Property, Renunciation of Probate, Deed of Family Arrangement, Oral Family Arrangement, Resumption Compensation, Constructive/resulting Trust, Limitation Defences, Agency and Fiduciary Duty
Source Language
EN
Probate Trusts and Equitable Remedies Property Law Fiduciary Duties Civil Procedure Limitation Account of Trust Property Renunciation of Probate Deed of Family Arrangement +5 more

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Parties

Lau Koon Ying Matthew

Plaintiff and Executor of the Estate of Lau Yiu Wing

Lau Tark Wing

1st Defendant; Executor of the Estate of Tang Mei Ho; Principal Defendant

Wing Hing Resources Limited

Defendant (company Controlled by Lau Tark Wing)

Caba Resources Limited

Defendant (company Controlled by Lau Tark Wing)

Estate of Tang Mei Ho

Defendant (represented by Executor Lau Tark Wing)

Procedural Posture

Probate Action and Two Consolidated Civil Actions Concerning Estates, Trusts and Accounts / Judgment at Trial (court of First Instance)

Legal Issues

  1. 1 Whether the Father received and/or consented to application of proceeds from sale of Lots 2785 and 3825
  2. 2 Whether the Father received his share of compensation for resumed Lot 1219A
  3. 3 Whether the Father received his compensation for resumption of Lot 3757 and the Lau House

Ratio Decidendi

The court found insufficient evidence of the alleged oral Arrangement and of inducement to set aside the Renunciation/DFA, but found on the balance of probabilities that defendants (Lau Tark Wing and his companies and/or the Grandmother) held the Fathers share of the sale proceeds of Lots 2785/3825 and rental proceeds from Lot 3763 sublots as fiduciaries/agents and failed to account; limitation defences failed because equitable claims for trust property/accounts are not time-barred under the Limitation Ordinance as applied.

Court Disposition

Partial judgment for plaintiff: plaintiff entitled to accounts in respect of specified sale proceeds and rental income; other claims dismissed and Renunciation/DFA not set aside.

Orders

  • An account to be taken of the Fathers share of the proceeds of sale of Lot 2785 and Lot 3825 received by Lau Tark Wing and the Grandmother
  • An account to be taken of the rental proceeds received by Lau Tark Wing, Caba Resources Limited and/or Wing Hing Resources Limited in respect of Lot 3763C, Lot 3763D and Lot 3763RP