許尊明 v. 歐振清

許尊明 v. 歐振清

There was no evidence Mr. Hui agreed to any reserve or to be bound by majority resolutions, the defendants admitted holding the Account on trust but failed to rebut or account for the plaintiff's calculations, therefore the plaintiff was entitled to judgment for his computed shares ($45,000 and $38,686.53) with interest and indemnity costs.

Citation
許尊明 v. 歐振清
Parties
Plaintiff Executor: Mr. Hui (executor of the estate of the late Hui Chun Yuen); 1st Defendant: Mr. Au; 2nd Defendant: Mr. Yung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 March 2008
Case Number
DCCJ6235/2005
Procedural Posture
Civil Trusts/property Dispute Over Rental Income (consolidated Action Transferred From Small Claims Tribunal to District Court) / Trial (judgment Delivered)
Outcome
Judgment for the Plaintiff (Mr. Hui)
Legal Topics
Accounting by Trustees, Tenants in Common, Division of Rental Income, Reserve Funds, Interest on Judgment, Costs (indemnity Basis)
Source Language
EN
Trusts Property Landlord and Tenant Equity Civil Procedure Accounting by Trustees Tenants in Common Division of Rental Income +3 more

Case Brief

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Parties

Mr. Hui (executor of the estate of the late Hui Chun Yuen)

Plaintiff Executor

Mr. Au

1st Defendant

Mr. Yung

2nd Defendant

Procedural Posture

Civil Trusts/property Dispute Over Rental Income (consolidated Action Transferred From Small Claims Tribunal to District Court) / Trial (judgment Delivered)

Legal Issues

  1. 1 Whether Mr. Hui agreed to the establishment of a reserve fund for the properties
  2. 2 Whether resolutions passed by a majority of co-owners in meetings bind a dissenting or absent co-owner who is a tenant in common
  3. 3 Whether the defendants, as trustees of the rental receipts, had properly accounted and were entitled to deduct government rent or other expenditures

Ratio Decidendi

There was no evidence Mr. Hui agreed to any reserve or to be bound by majority resolutions, the defendants admitted holding the Account on trust but failed to rebut or account for the plaintiff's calculations, therefore the plaintiff was entitled to judgment for his computed shares ($45,000 and $38,686.53) with interest and indemnity costs.

Court Disposition

Judgment for the Plaintiff (Mr. Hui)

Orders

  • Judgment for the Plaintiff for HKD 45,000 (rent for July–September 2005)
  • Judgment for the Plaintiff for HKD 38,686.53 (1/5 share of Account balance as at 28 February 2005)