WONG KAM TONG v. LAM HONG CHING ANDY AND ANOTHER

WONG KAM TONG v. LAM HONG CHING ANDY AND ANOTHER

Because the Recorder had adjudged that the defendant acted in breach of trust by mortgaging the property and ordered transfer of title which the defendant failed to effect, the court had jurisdiction under section 45(f) of the Trustee Ordinance to make a vesting order; the plaintiff was entitled to an interim payment of HK$543,604.06 as repayment for sums expended to redeem the mortgage and discharge management fees and government rent, and to costs of the application.

Citation
WONG KAM TONG v. LAM HONG CHING ANDY AND ANOTHER
Parties
Plaintiff (hca 1144/2006); 1st Defendant (hca 2320/2007): Lam Hong Ching Andy; Defendant (hca 1144/2006); Plaintiff (hca 2320/2007): Wong Kam Tong; 2nd Defendant (hca 2320/2007): Lam Tak Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2011
Case Number
HCA2320/2007
Procedural Posture
Application in Aid of Execution of Judgment Arising From HCA 1144/2006 and HCA 2320/2007 / Post Judgment Enforcement/application for Vesting Order and Interim Payment (in Chambers)
Outcome
Application granted: vesting order made; defendant ordered to pay interim damages and costs to plaintiff.
Legal Topics
Breach of Trust, Vesting Order, Mortgage and Redemption, Enforcement of Judgment, Interim Damages, Costs
Source Language
EN
Trusts Property Equity Civil Procedure Probate Breach of Trust Vesting Order Mortgage and Redemption +3 more

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Parties

Lam Hong Ching Andy

Plaintiff (hca 1144/2006); 1st Defendant (hca 2320/2007)

Wong Kam Tong

Defendant (hca 1144/2006); Plaintiff (hca 2320/2007)

Lam Tak Shing

2nd Defendant (hca 2320/2007)

Procedural Posture

Application in Aid of Execution of Judgment Arising From HCA 1144/2006 and HCA 2320/2007 / Post Judgment Enforcement/application for Vesting Order and Interim Payment (in Chambers)

Legal Issues

  1. 1 Whether the defendant breached trust by mortgaging the trust property
  2. 2 Whether the court should make a vesting order under section 45(f) of the Trustee Ordinance
  3. 3 Whether an interim payment of damages should be ordered to reimburse sums expended by the plaintiff to redeem the mortgage and pay management fees and government rent

Ratio Decidendi

Because the Recorder had adjudged that the defendant acted in breach of trust by mortgaging the property and ordered transfer of title which the defendant failed to effect, the court had jurisdiction under section 45(f) of the Trustee Ordinance to make a vesting order; the plaintiff was entitled to an interim payment of HK$543,604.06 as repayment for sums expended to redeem the mortgage and discharge management fees and government rent, and to costs of the application.

Court Disposition

Application granted: vesting order made; defendant ordered to pay interim damages and costs to plaintiff.

Orders

  • Vesting order made in terms of the draft as amended in submissions
  • Defendant to pay HK$543,604.06 to the plaintiff within 14 days as an interim payment of damages