何玉娟 對 凌雲霞及另一人

何玉娟 對 凌雲霞及另一人

Court preferred first defendant's detailed, coherent evidence over plaintiff's inconsistent evidence; found clear assurances by plaintiff that the property would be transferred, that first defendant relied to her detriment by caring for the mother and incurring expenditures, and that it would be unconscionable to...

Source-derived case information.

Citation
[2018] HKDC 157
Parties
Plaintiff (registered Owner): 何玉娟; First Defendant: 凌雲霞; Second Defendant (minor): 何龍凱
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 February 2018
Case Number
DCCJ116/2014
Procedural Posture
Civil Possession / Proprietary Estoppel Claim / Judgment After Trial
Outcome
Plaintiff's claim dismissed; first defendant's proprietary estoppel claim allowed in part; plaintiff ordered to reimburse specified sums and yield possession by specified date.
Legal Topics
Proprietary Estoppel, Possession/eviction, Remedies in Equity, Damages, Costs
Source Language
ch
Property Law Equity Civil Procedure Family Law Proprietary Estoppel Possession/eviction Remedies in Equity Damages +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

何玉娟

Plaintiff (registered Owner)

凌雲霞

First Defendant

何龍凱

Second Defendant (minor)

Procedural Posture

Civil Possession / Proprietary Estoppel Claim / Judgment After Trial

  1. 1 Whether plaintiff as registered owner validly terminated permission and is entitled to possession and mesne profits
  2. 2 Whether first defendant established proprietary estoppel (assurance, detrimental reliance, unconscionability)
  3. 3 Nature and extent of equitable relief if proprietary estoppel established

Ratio Decidendi

Court preferred first defendant's detailed, coherent evidence over plaintiff's inconsistent evidence; found clear assurances by plaintiff that the property would be transferred, that first defendant relied to her detriment by caring for the mother and incurring expenditures, and that it would be unconscionable to allow plaintiff to resile; accordingly proprietary estoppel established and equitable relief limited to occupation until 30 April 2018 plus reimbursement of proven expenditures (HK$5,664 and RMB338,666).

Court Disposition

Plaintiff's claim dismissed; first defendant's proprietary estoppel claim allowed in part; plaintiff ordered to reimburse specified sums and yield possession by specified date.

Orders

  • First defendant may occupy the flat (7C, Tak Tak Building, 298-302 Ki Lung Street) unconditionally until 30 April 2018 or earlier surrender date; thereafter she must deliver possession to plaintiff
  • Plaintiff to pay first defendant HKD 5,664 (hospital expenses 2009) and RMB 338,666 (care and living expenses 2009-2012) on or before 30 April 2018