LEE PAK HONG v. LEE WAI WING

LEE PAK HONG v. LEE WAI WING

The court held that the historical 'right to let' granted exclusive possession of specific floors and was effectively equivalent to ownership of those floors; the 1972 transaction (supported by payment and possession) amounted to an equitable assignment of the First Floor to the Purchaser, resulting in partitioned interests of two-thirds for the Purchaser and one-third for the Successor; consequently the Successor was liable for one-third of common outgoings, the Purchaser was entitled to judgment for contributions, and the notice to quit was ineffective against the Purchaser's proprietary rights.

Citation
LEE PAK HONG v. LEE WAI WING
Parties
Plaintiff (hcmp 2490/1997); Defendant (hca 6201/1998): Lee Pak Hong; Defendant (hcmp 2490/1997); Plaintiff (hca 6201/1998): Lee Wai Wing also known as Lee Bing Kow trading as Globe Sewing Machine Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 1999
Case Number
HCMP2490/1997
Procedural Posture
Consolidated Proceedings: Partition and Eviction (hcmp 2490/1997; HCA 6201/1998) / Judgment Delivered
Outcome
Judgment for partition and for the Purchaser/Defendant: interests partitioned one-third to Plaintiff (Lee Pak Hong) and two-thirds to Defendant (Lee Wai Wing); notice to quit held ineffective; declaration of exclusive possession of Ground Floor to Purchaser; money judgment for contributions to common outgoings...
Legal Topics
Partition of Co Owned Land, Exclusive Possession/right to Let, Equitable Assignment and Feeding of the Title, Contribution to Common Outgoings, Validity of Notice to Quit
Source Language
EN
Property Law Landlord and Tenant Equity Conveyancing Civil Procedure Partition of Co Owned Land Exclusive Possession/right to Let Equitable Assignment and Feeding of the Title +2 more

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Parties

Lee Pak Hong

Plaintiff (hcmp 2490/1997); Defendant (hca 6201/1998)

Lee Wai Wing also known as Lee Bing Kow trading as Globe Sewing Machine Co.

Defendant (hcmp 2490/1997); Plaintiff (hca 6201/1998)

Procedural Posture

Consolidated Proceedings: Partition and Eviction (hcmp 2490/1997; HCA 6201/1998) / Judgment Delivered

Legal Issues

  1. 1 Whether the informal 'right to let' between original tenants in common conferred exclusive possession akin to ownership of specific floors
  2. 2 Whether the 1972 transfer of the First Floor to the Purchaser amounted to an equitable assignment validly increasing his share
  3. 3 Proper apportionment of co-ownership interests (one-third v two-thirds)

Ratio Decidendi

The court held that the historical 'right to let' granted exclusive possession of specific floors and was effectively equivalent to ownership of those floors; the 1972 transaction (supported by payment and possession) amounted to an equitable assignment of the First Floor to the Purchaser, resulting in partitioned interests of two-thirds for the Purchaser and one-third for the Successor; consequently the Successor was liable for one-third of common outgoings, the Purchaser was entitled to judgment for contributions, and the notice to quit was ineffective against the Purchaser's proprietary rights.

Court Disposition

Judgment for partition and for the Purchaser/Defendant: interests partitioned one-third to Plaintiff (Lee Pak Hong) and two-thirds to Defendant (Lee Wai Wing); notice to quit held ineffective; declaration of exclusive possession of Ground Floor to Purchaser; money judgment for contributions to common outgoings...

Orders

  • Legal and equitable interests in the Property partitioned as to one-third for the Plaintiff (HCMP 2490/1997) and two-thirds for the Defendant (HCMP 2490/1997).
  • The Property shall be sold within 6 months from the date of judgment by public auction or private treaty in manner to be agreed and proceeds divided in proportion to partitioned interests after deduction of costs and expenses of sale.