LAU KOON YING MATTHEW, as the executor of the estate of LAU YIU WING, Deceased v. LAU TARK WING AND ANOTHER

LAU KOON YING MATTHEW, as the executor of the estate of LAU YIU WING, Deceased v. LAU TARK WING AND ANOTHER

The court found insufficient evidence of a legally binding oral Arrangement or of inducement to set aside the Renunciation and Deed of Family Arrangement; however, on the facts the court held Tark Wing and his companies (and the Grandmother as recipient) received and held certain sale proceeds (Lots 2785 and 3825) and rental proceeds (Lots 3763C, 3763D and 3763RP) subject to fiduciary/accounting obligations and ordered accounts to be taken; claims regarding resumption proceeds of Lots 1219A and 3757 failed for lack of proof against defendants; limitation defences did not bar the equitable trust claims to account.

Citation
LAU KOON YING MATTHEW, as the executor of the estate of LAU YIU WING, Deceased v. LAU TARK WING AND ANOTHER
Parties
Plaintiff (executor of the Estate of Lau Yiu Wing, Deceased): Lau Koon Ying Matthew; 1st Defendant; Executor of the Estate of Tang Mei Ho, Deceased: Lau Tark Wing; 2nd Defendant (in HCA 2305/2012 and HCA 2306/2012): Wing Hing Resources Limited; 2nd/3rd Defendant (in HCA 2306/2012): Caba Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2017
Case Number
HCA2305/2012
Procedural Posture
Probate Action (hcap 23/2013) and Related High Court Actions (hca 2305/2012; HCA 2306/2012) for Accounts and Equitable Relief / Judgment at First Instance Following Trial (heard June 2017; Judgment 25 September 2017)
Outcome
Partially for plaintiff: plaintiff entitled to accounts in respect of sale proceeds of Lots 2785 and 3825 and rental proceeds of Lots 3763C, 3763D and 3763RP; other claims dismissed and Renunciation/DFA not set aside; limitation defences rejected for equitable trust claims.
Legal Topics
Accounting of Proceeds, Renunciation of Probate, Family Arrangement Deed (dfa), Resumption Compensation, Limitation Defence, Constructive/express Trust Issues
Source Language
EN
Probate Trusts and Fiduciary Duties Equity Property Law Limitation Law Accounting of Proceeds Renunciation of Probate Family Arrangement Deed (dfa) +3 more

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Parties

Lau Koon Ying Matthew

Plaintiff (executor of the Estate of Lau Yiu Wing, Deceased)

Lau Tark Wing

1st Defendant; Executor of the Estate of Tang Mei Ho, Deceased

Wing Hing Resources Limited

2nd Defendant (in HCA 2305/2012 and HCA 2306/2012)

Caba Resources Limited

2nd/3rd Defendant (in HCA 2306/2012)

Procedural Posture

Probate Action (hcap 23/2013) and Related High Court Actions (hca 2305/2012; HCA 2306/2012) for Accounts and Equitable Relief / Judgment at First Instance Following Trial (heard June 2017; Judgment 25 September 2017)

Legal Issues

  1. 1 Whether an oral family Arrangement existed and was legally binding
  2. 2 Whether defendants (Tark Wing and his companies and the Grandmother) held sale/resumption/rental proceeds on trust for the Father or the Plaintiff as executor
  3. 3 Whether the Renunciation of Probate and Deed of Family Arrangement were induced and thus voidable

Ratio Decidendi

The court found insufficient evidence of a legally binding oral Arrangement or of inducement to set aside the Renunciation and Deed of Family Arrangement; however, on the facts the court held Tark Wing and his companies (and the Grandmother as recipient) received and held certain sale proceeds (Lots 2785 and 3825) and rental proceeds (Lots 3763C, 3763D and 3763RP) subject to fiduciary/accounting obligations and ordered accounts to be taken; claims regarding resumption proceeds of Lots 1219A and 3757 failed for lack of proof against defendants; limitation defences did not bar the equitable trust claims to account.

Court Disposition

Partially for plaintiff: plaintiff entitled to accounts in respect of sale proceeds of Lots 2785 and 3825 and rental proceeds of Lots 3763C, 3763D and 3763RP; other claims dismissed and Renunciation/DFA not set aside; limitation defences rejected for equitable trust claims.

Orders

  • An account be taken of the Father\'s share of the proceeds of sale of Lot 2785 and Lot 3825 received by Lau Tark Wing and the Grandmother
  • An account be taken of the Rental Proceeds received by Lau Tark Wing, Caba Resources Limited and/or Wing Hing Resources Limited