TANG CHAI ON AND ANOTHER v. TANG SING KI AND ANOTHER

TANG CHAI ON AND ANOTHER v. TANG SING KI AND ANOTHER

Court preferred the plaintiffs' witnesses and contemporaneous documentary evidence, found a partnership formed about 1998 for leasing and subletting specified land lots with equal sharing of profits and expenses, held plaintiffs authorised to let and sublet, found defendants breached the partnership by failing to account since about January 2013, admitted and gave weight to the January 2013 letter, dismissed defendants' counterclaim for forgery, and ordered judgment for the plaintiffs with costs to follow the event.

Citation
TANG CHAI ON AND ANOTHER v. TANG SING KI AND ANOTHER
Parties
1st Plaintiff: Tang Chai On; 2nd Plaintiff: Tang Chak Ming; 1st Defendant: Tang Sing Ki; 2nd Defendant: Tang Chak Mo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 2015
Case Number
HCA207/2013
Procedural Posture
Civil Partnership and Property Dispute / Judgment After Trial in the High Court, Court of First Instance
Outcome
Judgment for the plaintiffs; defendants' counterclaim dismissed; costs awarded to plaintiffs
Legal Topics
Partnership Property, Accounting and Rendition of Profits, Admissibility of Late Produced Documents, Witness Credibility Assessment, Counterclaim for Forgery
Source Language
EN
Partnership Law Property Law Evidence Law Civil Procedure Fiduciary Duties/accounts Partnership Property Accounting and Rendition of Profits Admissibility of Late Produced Documents +2 more

Case Brief

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Parties

Tang Chai On

1st Plaintiff

Tang Chak Ming

2nd Plaintiff

Tang Sing Ki

1st Defendant

Tang Chak Mo

2nd Defendant

Procedural Posture

Civil Partnership and Property Dispute / Judgment After Trial in the High Court, Court of First Instance

Legal Issues

  1. 1 Whether a partnership existed between the parties and when it was formed
  2. 2 Whether specified land lots were partnership property
  3. 3 Whether defendants failed to account for rental income and breached partnership duties

Ratio Decidendi

Court preferred the plaintiffs' witnesses and contemporaneous documentary evidence, found a partnership formed about 1998 for leasing and subletting specified land lots with equal sharing of profits and expenses, held plaintiffs authorised to let and sublet, found defendants breached the partnership by failing to account since about January 2013, admitted and gave weight to the January 2013 letter, dismissed defendants' counterclaim for forgery, and ordered judgment for the plaintiffs with costs to follow the event.

Court Disposition

Judgment for the plaintiffs; defendants' counterclaim dismissed; costs awarded to plaintiffs

Orders

  • Elder brothers ordered to enter judgment in terms of the prayer for relief as amended during trial
  • Younger brothers' counterclaim dismissed