TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER

TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER

On the balance of probabilities the court accepted contemporaneous witness statements and Departmental records and concluded Chow died shortly after the collision and Tak Ming survived her for not less than an hour; that factual finding displaced the s.11 presumption and required declaration that the joint tenancy interests passed to Tak Ming and now form part of his estate; costs were ordered nisi and to be summarily assessed.

Citation
TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER
Parties
Plaintiff (lawful Attorney and Personal Representative of the Estate of Tong Kwok Fong, Deceased): Ting Kam Yuen; 1st Defendant (represented by Cheung Wing Kin): Estate of Cheung Tak Ming; 2nd Defendant (represented by Cheung Wing Kin): Estate of Chow Tai Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2011
Case Number
HCMP2276/2010
Procedural Posture
Civil Declaration Concerning Survivorship and Estate Property (originating Summons) / Judgment at First Instance (court of First Instance, Miscellaneous Proceedings)
Outcome
Declaration granted that the two properties registered as joint tenants passed to Cheung Tak Ming on the death of Chow and now form part of the estate of Cheung Tak Ming; costs ordered nisi.
Legal Topics
Joint Tenancy, Right of Survivorship, Presumption of Order of Death Under S.11 CPO, Burden and Standard of Proof (balance of Probabilities), Declaration, Costs
Source Language
EN
Conveyancing and Property Succession Probate Civil Procedure Joint Tenancy Right of Survivorship Presumption of Order of Death Under S.11 CPO Burden and Standard of Proof (balance of Probabilities) +2 more

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Parties

Ting Kam Yuen

Plaintiff (lawful Attorney and Personal Representative of the Estate of Tong Kwok Fong, Deceased)

Estate of Cheung Tak Ming

1st Defendant (represented by Cheung Wing Kin)

Estate of Chow Tai Ho

2nd Defendant (represented by Cheung Wing Kin)

Procedural Posture

Civil Declaration Concerning Survivorship and Estate Property (originating Summons) / Judgment at First Instance (court of First Instance, Miscellaneous Proceedings)

Legal Issues

  1. 1 Whether Chow died before Cheung Tak Ming such that survivorship passed the joint tenancy property to Tak Ming
  2. 2 Whether the presumption in section 11 of the Conveyancing and Property Ordinance applies
  3. 3 Whether the Plaintiff discharged the burden on a balance of probabilities to rebut the statutory presumption

Ratio Decidendi

On the balance of probabilities the court accepted contemporaneous witness statements and Departmental records and concluded Chow died shortly after the collision and Tak Ming survived her for not less than an hour; that factual finding displaced the s.11 presumption and required declaration that the joint tenancy interests passed to Tak Ming and now form part of his estate; costs were ordered nisi and to be summarily assessed.

Court Disposition

Declaration granted that the two properties registered as joint tenants passed to Cheung Tak Ming on the death of Chow and now form part of the estate of Cheung Tak Ming; costs ordered nisi.

Orders

  • Declaration that the two properties passed to Cheung Tak Ming on the death of Chow and form part of the estate of Cheung Tak Ming
  • Costs order nisi that the Defendants pay the Plaintiff's costs of these proceedings