LAU YUE SUM AND OTHERS v. HUI SIU KWONG representing the Estate of LAU LEUNG SEUNG, deceased

LAU YUE SUM AND OTHERS v. HUI SIU KWONG representing the Estate of LAU LEUNG SEUNG, deceased

The plaintiffs' claim failed because the HK$2.6 million remained an asset of an unadministered estate in respect of which plaintiffs had only an inchoate chose in action and no legal or beneficial interest; therefore they could not maintain claims in unjust enrichment or contract to recover that sum directly from...

Source-derived case information.

Citation
[2022] HKDC 993
Parties
1st Plaintiff (co Executors of the Will of LAU LEUNG Wa, Deceased): LAU YUE SUM and LAU YUE TING; 2nd Plaintiff: LAU YUE CHIU; Defendant (appointed Representative): HUI SIU KWONG (representing the Estate of LAU LEUNG SEUNG, deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 September 2022
Case Number
DCCJ1986/2020
Procedural Posture
Civil Action (district Court) / Judgment After Trial by Documents and Submissions
Outcome
Claim dismissed
Legal Topics
Administration of Estate, Assent and Inchoate Rights, Chose in Action, Payment Out Orders, Costs of Litigation, Restitution, Causation in Unjust Enrichment, Unpleaded Claims
Source Language
en
Trusts and Estates Probate and Administration Unjust Enrichment Contract Civil Procedure Administration of Estate Assent and Inchoate Rights Chose in Action +5 more

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Parties

LAU YUE SUM and LAU YUE TING

1st Plaintiff (co Executors of the Will of LAU LEUNG Wa, Deceased)

LAU YUE CHIU

2nd Plaintiff

HUI SIU KWONG (representing the Estate of LAU LEUNG SEUNG, deceased)

Defendant (appointed Representative)

Procedural Posture

Civil Action (district Court) / Judgment After Trial by Documents and Submissions

Legal Issues

  1. 1 Whether the HK$2.6 million held by defendant was unjustly retained
  2. 2 Whether the enrichment was at the plaintiffs' expense or the estate's expense
  3. 3 Whether a contract arose obliging defendant to refund the HK$2.6 million

Ratio Decidendi

The plaintiffs' claim failed because the HK$2.6 million remained an asset of an unadministered estate in respect of which plaintiffs had only an inchoate chose in action and no legal or beneficial interest; therefore they could not maintain claims in unjust enrichment or contract to recover that sum directly from the defendant, and the alternative unpleaded claim was disallowed.

Court Disposition

Claim dismissed

Orders

  • The plaintiffs' claim is dismissed.
  • Costs nisi: costs of these proceedings (including all reserved costs) to be paid by the plaintiffs to the defendant, with a certificate for counsel, to be taxed if not agreed.