LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS

LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS

Defendant's accounts were unreliable and deficient; the trial judge's adverse findings against defendant stand; the court ordered repayment of the Father's sale proceeds of HK$1,084,617, accepted the plaintiff's calculations of rental proceeds over those of the defendant, refused any deduction for construction costs...

Source-derived case information.

Citation
[2019] HKCFI 995
Parties
Plaintiff and Executor of the Estate of Lau Yiu Wing, Deceased: Lau Koon Ying Matthew; 1st Defendant: Lau Tark Wing; 2nd Defendant (as Executor of the Estate of Tang Mei Ho, Deceased): Lau Tark Wing; Defendant (2nd/3rd Defendant in Actions): CABA Resources Limited; Defendant (2nd/3rd Defendant in Actions): Wing Hing Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2019
Case Number
HCA2306/2012
Procedural Posture
Probate and Related Civil Actions (taking of Account) / Post Trial Taking of Account Hearing (summons for Taking of Account)
Outcome
Summons for taking of account determined: defendant to account and repay estate sums; plaintiff's calculations of rental proceeds accepted; no credit for construction costs; compound interest awarded; costs to plaintiff.
Legal Topics
Accounting by Trustee, Misappropriation and Restitution, Compound Interest, Rental and Sale Proceeds, Construction Costs Deduction, Costs
Source Language
en
Trusts and Fiduciary Duty Probate Equity Civil Procedure Property Law Accounting by Trustee Misappropriation and Restitution Compound Interest +3 more

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Parties

Lau Koon Ying Matthew

Plaintiff and Executor of the Estate of Lau Yiu Wing, Deceased

Lau Tark Wing

1st Defendant

Lau Tark Wing

2nd Defendant (as Executor of the Estate of Tang Mei Ho, Deceased)

CABA Resources Limited

Defendant (2nd/3rd Defendant in Actions)

Wing Hing Resources Limited

Defendant (2nd/3rd Defendant in Actions)

Procedural Posture

Probate and Related Civil Actions (taking of Account) / Post Trial Taking of Account Hearing (summons for Taking of Account)

Legal Issues

  1. 1 What are the applicable legal principles for a taking of account?
  2. 2 How were the Sale Proceeds dealt with and what is repayable to the Father's estate?
  3. 3 Quantum of gross rental proceeds received and allowable deductions; what should be repaid to the estate and plaintiff?

Ratio Decidendi

Defendant's accounts were unreliable and deficient; the trial judge's adverse findings against defendant stand; the court ordered repayment of the Father's sale proceeds of HK$1,084,617, accepted the plaintiff's calculations of rental proceeds over those of the defendant, refused any deduction for construction costs for lack of proof and awarded compound interest against the accounting parties; costs follow the event with an order nisi for defendants to pay plaintiff's costs.

Court Disposition

Summons for taking of account determined: defendant to account and repay estate sums; plaintiff's calculations of rental proceeds accepted; no credit for construction costs; compound interest awarded; costs to plaintiff.

Orders

  • Defendant (Lau Tark Wing) to account and to repay HK$1,084,617 to the estate of Lau Yiu Wing together with interest to be determined by the court
  • Court accepts plaintiff's calculations of rental proceeds; defendants to account for and pay rental sums as calculated by the plaintiff (per the taking of account)