ZHOU CUI HAO v. TING FUNG YEE

ZHOU CUI HAO v. TING FUNG YEE

Defendant failed to prove the factual foundation (representation, reliance and detriment) required to establish proprietary estoppel or a constructive trust and was not a credible witness; accordingly Plaintiff is entitled to possession, an account of all rents received since 9 December 1990 and mesne profits for wrongful occupation; the Defendant's counterclaim is dismissed.

Citation
ZHOU CUI HAO v. TING FUNG YEE
Parties
Plaintiff; Sole Executrix and Sole Beneficiary of the Estate of the Late Ng Ching Poon: Zhou Cui Hao
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 1998
Case Number
HCA7558/1996
Procedural Posture
Civil Possession, Trespass, Account of Rents and Equitable Proprietary Claims / Judgment Handed Down (court of First Instance)
Outcome
Judgment for Plaintiff. Counterclaim dismissed.
Legal Topics
Trespass, Constructive Trust, Proprietary Estoppel, Mesne Profits, Account of Rents, Actual Occupation, License to Occupy
Source Language
ET
Property Law Equity Tort Trusts Civil Procedure Trespass Constructive Trust Proprietary Estoppel +4 more

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Parties

Zhou Cui Hao

Plaintiff; Sole Executrix and Sole Beneficiary of the Estate of the Late Ng Ching Poon

Procedural Posture

Civil Possession, Trespass, Account of Rents and Equitable Proprietary Claims / Judgment Handed Down (court of First Instance)

Legal Issues

  1. 1 Whether Defendant held only a licence determinable at will or acquired an equitable interest in the Suit Premises
  2. 2 Whether Defendant established proprietary estoppel or a constructive trust based on alleged promises, contributions and detriment
  3. 3 Whether Plaintiff entitled to possession, an account of rents received since 9 December 1990 and mesne profits for wrongful occupation

Ratio Decidendi

Defendant failed to prove the factual foundation (representation, reliance and detriment) required to establish proprietary estoppel or a constructive trust and was not a credible witness; accordingly Plaintiff is entitled to possession, an account of all rents received since 9 December 1990 and mesne profits for wrongful occupation; the Defendant's counterclaim is dismissed.

Court Disposition

Judgment for Plaintiff. Counterclaim dismissed.

Orders

  • Order that the Defendant do vacate and move out of the Suit Premises on or before 30 May 1998.
  • Declaration that the Plaintiff (as sole executrix for the period 9 Dec 1990 to 1 Apr 1996 and as sole owner thereafter) is entitled to have the Defendant account to her for all rent and/or other payments recovered by the Defendant since 9 Dec 1990 from tenants or other occupiers of the Suit Premises.