WONG OI KING v. LAI HO PAK AND ANOTHER

WONG OI KING v. LAI HO PAK AND ANOTHER

The court refused to order remedial repair work as unnecessary to compliance with the prior order; it directed the Petitioner and 1st Respondent to each appoint surveyors and exchange valuations by 10 January 2014, granted leave to adduce expert survey evidence of Henry T.M. Ng by 13 December 2013 to assist...

Source-derived case information.

Citation
WONG OI KING v. LAI HO PAK AND ANOTHER
Parties
Petitioner (administratrix of the Estate of Lai Ho Kai, Deceased): WONG OI KING (王愛琼); 1st Respondent: LAI HO PAK; 2nd Respondent: SHU FAT LAND INVESTMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2013
Case Number
HCCW102/2007
Procedural Posture
Companies (winding Up) Proceedings No 102 of 2007 / Chambers Decision on Interlocutory Summonses
Outcome
Orders granted in part: interlocutory directions issued for valuation, expert evidence, access and sale; request for remedial repair work declined; warnings issued regarding non‑compliance and possible contempt.
Legal Topics
Winding Up, Shareholder Dispute, Valuation of Assets, Compliance With Court Orders, Access for Valuation Surveyors, Sale by Public Auction, Production of Will/probate
Source Language
en
Companies Law Civil Procedure Property Law Probate Winding Up Shareholder Dispute Valuation of Assets Compliance With Court Orders +3 more

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Parties

WONG OI KING (王愛琼)

Petitioner (administratrix of the Estate of Lai Ho Kai, Deceased)

LAI HO PAK

1st Respondent

SHU FAT LAND INVESTMENT COMPANY LIMITED

2nd Respondent

Procedural Posture

Companies (winding Up) Proceedings No 102 of 2007 / Chambers Decision on Interlocutory Summonses

Legal Issues

  1. 1 Whether the court should order remedial repair work to properties prior to sale
  2. 2 Directions for valuation and sale of company property in winding-up proceedings
  3. 3 Whether valuers should be given access to occupied property

Ratio Decidendi

The court refused to order remedial repair work as unnecessary to compliance with the prior order; it directed the Petitioner and 1st Respondent to each appoint surveyors and exchange valuations by 10 January 2014, granted leave to adduce expert survey evidence of Henry T.M. Ng by 13 December 2013 to assist valuation, ordered the 2nd Respondent to sell Blocks C and F by public auction by 14 March 2014 with the reserve price set at the median of the two valuations, compelled the 1st Respondent to give access and allow photography and measurements, ordered production of the Will of Lai Wing and explanations for non‑compliance within specified deadlines, required the 1st Respondent to attend...

Court Disposition

Orders granted in part: interlocutory directions issued for valuation, expert evidence, access and sale; request for remedial repair work declined; warnings issued regarding non‑compliance and possible contempt.

Orders

  • Each of the Petitioner and the 1st Respondent shall appoint a surveyor to prepare valuations of Block C, Block D and Block F, Villa La Parc, 20 To Fung Shan Road, and exchange them by 5:00 pm on 10 January 2014.
  • Leave granted to the Petitioner to adduce the expert evidence of Mr Henry T.M. Ng to assist Midlands Surveyors Limited in preparing the valuations by 5:00 pm on 13 December 2013; scope includes re‑establishing lot boundaries, subdividing and surveying garden areas.