CHEUNG PING SUM v. WONG CHI HANG as administrator of the estate of WONG SUN, deceased

CHEUNG PING SUM v. WONG CHI HANG as administrator of the estate of WONG SUN, deceased

On the interlocutory evidence the plaintiff established an arguable case of a bare licence to occupy and demonstrated risk of continuing interference; the court held that an interlocutory injunction preserving the plaintiff's peaceful occupation for a fixed, objectively reasonable period (three months) was justified. The court rejected the claim of a contractual licence on the evidence and ordered amendment of the estate schedule to disclose omitted joint bank accounts since defendant did not oppose disclosure.

Citation
CHEUNG PING SUM v. WONG CHI HANG as administrator of the estate of WONG SUN, deceased
Parties
Plaintiff (widow): Cheung Ping Sum; Defendant and Administrator: Defendant (son); Deceased: Deceased (name not specified)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2016
Case Number
HCMP1490/2016
Procedural Posture
Probate and Administration; Interlocutory Injunction Application / Interlocutory Hearing/application for Interlocutory Injunction
Outcome
Interlocutory injunction granted in part; amendment of probate schedule ordered; further directions to be heard on costs.
Legal Topics
Letters of Administration, Bare Licence to Occupy, Interlocutory Injunction, Amendment of Probate Schedule, Notice of Termination, Occupation and Quiet Enjoyment
Source Language
EN
Probate Law Property Law Injunctions Family Law Estate Administration Letters of Administration Bare Licence to Occupy Interlocutory Injunction +3 more

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Parties

Cheung Ping Sum

Plaintiff (widow)

Defendant (son)

Defendant and Administrator

Deceased (name not specified)

Deceased

Procedural Posture

Probate and Administration; Interlocutory Injunction Application / Interlocutory Hearing/application for Interlocutory Injunction

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain the administrator/defendant from interfering with the plaintiff's occupation of the property pending final determination of the originating summons
  2. 2 Whether the plaintiff holds a contractual licence or at least a bare licence to occupy the property
  3. 3 What constitutes reasonable notice to terminate a bare licence in these circumstances

Ratio Decidendi

On the interlocutory evidence the plaintiff established an arguable case of a bare licence to occupy and demonstrated risk of continuing interference; the court held that an interlocutory injunction preserving the plaintiff's peaceful occupation for a fixed, objectively reasonable period (three months) was justified. The court rejected the claim of a contractual licence on the evidence and ordered amendment of the estate schedule to disclose omitted joint bank accounts since defendant did not oppose disclosure.

Court Disposition

Interlocutory injunction granted in part; amendment of probate schedule ordered; further directions to be heard on costs.

Orders

  • Interlocutory injunction restraining the defendant, his servants, agents, contractors and associates for a period of three months from the date of the order from interfering with, disturbing or otherwise affecting the plaintiff's peaceful occupation and quiet enjoyment of the property
  • Order that the defendant amend the schedule of assets and liabilities of the deceased as at the date of death to disclose the three joint OCBC Wing Hang bank accounts (or if an application to amend has already been made, no further action required)