KONG CLOIN CHUNG PING AND ANOTHER v. LI KA SING, the executor of the Estate of KONG WING HONG, deceased AND OTHERS

KONG CLOIN CHUNG PING AND ANOTHER v. LI KA SING, the executor of the Estate of KONG WING HONG, deceased AND OTHERS

The court granted an interlocutory injunction because the applicants raised serious triable issues: prima facie evidence suggested the Sale may have been at an undervalue, the 1st respondent may have failed to take into account relevant considerations (including collection of substantial sums owed by the co-owner KWO and available short-term financing) and may have exaggerated the immediacy of liabilities; damages would be an inadequate or difficult remedy and the balance of convenience favored preserving the status quo pending trial. The court also allowed limited leave for the 1st respondent to rely on his later affirmation disclosing the annulment of the Sale.

Citation
KONG CLOIN CHUNG PING AND ANOTHER v. LI KA SING, the executor of the Estate of KONG WING HONG, deceased AND OTHERS
Parties
Applicant Residuary Legatee: Colin Kong; Applicant Residuary Legatee: Joanie Kong; 1st Respondent Executor and Trustee: Li Ka Sing; 2nd Respondent Former Executor and Trustee (mentally Incapacitated, Acting by Guardian Ad Litem): KWO; 3rd Respondent Beneficiary / Long Term Companion: Tam Wai Fong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 2017
Case Number
HCMP2431/2016
Procedural Posture
Probate and Estate Administration (probate and Administration Ordinance; Trustees Ordinance) / Interlocutory Application for Injunction (application for Interlocutory Relief During Estate Administration)
Outcome
Interlocutory injunction granted restraining the 1st respondent from selling or disposing of the Jordan Premises until determination of the proceedings; leave granted to 1st respondent to rely on his 2nd affirmation; costs nisi ordering applicants' costs in the cause with certificate for counsel.
Legal Topics
Power of Sale by Executor/trustee, Undervalue Sale Challenge, Removal/replacement of Executor, Account and Costs of Administration, Lis Pendens and Registration, Pitt V Holt Trustee Reliance on Professional Advice, Balance of Convenience/american Cyanamid Test
Source Language
EN
Probate Trusts Trustee Duties Property Law Civil Procedure Interlocutory Injunctions Power of Sale by Executor/trustee Undervalue Sale Challenge Removal/replacement of Executor +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Colin Kong

Applicant Residuary Legatee

Joanie Kong

Applicant Residuary Legatee

Li Ka Sing

1st Respondent Executor and Trustee

KWO

2nd Respondent Former Executor and Trustee (mentally Incapacitated, Acting by Guardian Ad Litem)

Tam Wai Fong

3rd Respondent Beneficiary / Long Term Companion

Procedural Posture

Probate and Estate Administration (probate and Administration Ordinance; Trustees Ordinance) / Interlocutory Application for Injunction (application for Interlocutory Relief During Estate Administration)

Legal Issues

  1. 1 Whether there is a serious question to be tried as to the 1st respondent's decision to sell the Jordan Premises (including alleged undervalue)
  2. 2 Whether an interlocutory injunction should be granted to restrain sale pending determination
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

The court granted an interlocutory injunction because the applicants raised serious triable issues: prima facie evidence suggested the Sale may have been at an undervalue, the 1st respondent may have failed to take into account relevant considerations (including collection of substantial sums owed by the co-owner KWO and available short-term financing) and may have exaggerated the immediacy of liabilities; damages would be an inadequate or difficult remedy and the balance of convenience favored preserving the status quo pending trial. The court also allowed limited leave for the 1st respondent to rely on his later affirmation disclosing the annulment of the Sale.

Court Disposition

Interlocutory injunction granted restraining the 1st respondent from selling or disposing of the Jordan Premises until determination of the proceedings; leave granted to 1st respondent to rely on his 2nd affirmation; costs nisi ordering applicants' costs in the cause with certificate for counsel.

Orders

  • Interlocutory injunction restraining 1st respondent from selling or otherwise disposing of or taking any step in connection with the sale or disposal of the Basement and Ground Floor Shop and First Floor of Hong Kiu Mansion, 313 Nathan Road, Kowloon (Jordan Premises) until determination of these proceedings
  • Leave granted to the 1st respondent to rely on his 2nd affirmation dated 20 April 2017