LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

On the balance of probabilities the court preferred Lam\'s account that the disputed antiques were loaned to Tan in 1982; accordingly Lam was declared owner of the Deep Dish and Quail Dishes, entitled to the sale proceeds of the Guyuexuan Vase, Stemcup and Double Gourd, delivery up of the two unsold items was ordered, conversion damages were awarded equal to the hammer prices (net to seller) and nominal damages awarded for wrongful detention; diminution claims lacked sufficient evidence and were dismissed.

Citation
LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE
Parties
Plaintiff (original Action); Defendant (counterclaim Defendant): Tan Soon Gin George; Defendant (original Action); Plaintiff (counterclaim): Lam Rogerio Sou Fong (aka Roger Lam)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2011
Case Number
HCA2576/2005
Procedural Posture
Counterclaim (conversion, Detinue, Declaratory Relief, Injunction) / Judgment After Trial
Outcome
Counterclaim proved in favour of Lam; declarations and delivery up ordered; damages awarded for conversion; nominal damages for detention; diminution claims not established; costs awarded to Lam subject to limitation of 75% of trial costs.
Legal Topics
Conversion, Detinue, Declaratory Relief, Delivery Up, Injunction, Damages Assessment, Ownership Dispute, Auction Sales, Buyer\'s Premium, Witness Credibility, Limitation/statute Barred Defences, Diminution in Value
Source Language
EN
Tort Property Civil Procedure Evidence Commercial Law Art and Antiquities Law Conversion Detinue +10 more

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Parties

Tan Soon Gin George

Plaintiff (original Action); Defendant (counterclaim Defendant)

Lam Rogerio Sou Fong (aka Roger Lam)

Defendant (original Action); Plaintiff (counterclaim)

Procedural Posture

Counterclaim (conversion, Detinue, Declaratory Relief, Injunction) / Judgment After Trial

Legal Issues

  1. 1 Whether the disputed antiques were lent to Tan in 1982 or sold to him
  2. 2 Who was the rightful owner of the Guyuexuan Vase, the Stemcup and the Double Gourd at the time of the October 2005 auction
  3. 3 Whether the Deep Dish and the Quail Dishes are the property of Lam and should be delivered up

Ratio Decidendi

On the balance of probabilities the court preferred Lam\'s account that the disputed antiques were loaned to Tan in 1982; accordingly Lam was declared owner of the Deep Dish and Quail Dishes, entitled to the sale proceeds of the Guyuexuan Vase, Stemcup and Double Gourd, delivery up of the two unsold items was ordered, conversion damages were awarded equal to the hammer prices (net to seller) and nominal damages awarded for wrongful detention; diminution claims lacked sufficient evidence and were dismissed.

Court Disposition

Counterclaim proved in favour of Lam; declarations and delivery up ordered; damages awarded for conversion; nominal damages for detention; diminution claims not established; costs awarded to Lam subject to limitation of 75% of trial costs.

Orders

  • Declaration that Lam is entitled to the sale proceeds of the Guyuexuan Vase, the Stemcup and the Double Gourd.
  • Declaration that the Deep Dish and the Quail Dishes are the properties of Lam.