LIU HON WONG AND OTHERS v. LIU CHEE KWAN AND ANOTHER

LIU HON WONG AND OTHERS v. LIU CHEE KWAN AND ANOTHER

Court dismissed all plaintiffs’ claims. Principal legal bases: plaintiffs failed to plead or prove a legally enforceable role/duties for D1 as Agent/Trustee/Helper (no pleaded consideration or estoppel); evidence and pleadings did not support inclusion of Lot 415 within helper duties; plaintiffs failed to plead and prove causation and the specific acts/omissions by defendants that caused the alleged losses (reinstatement costs, legal costs, undervalue lettings); disclosure of trust/tong documents is discretionary and plaintiffs failed to plead material facts and objectives sufficient to justify compelling disclosure; challenges to rates-related resolutions and the May 2017 resolution were...

Citation
[2023] HKCFI 1658
Parties
1st Plaintiff: Liu Hon Wong (廖漢旺); 2nd Plaintiff: Liu Tse Wah alias Edmund Tse Wah Liu (廖滋華); 3rd Plaintiff: Liu Tse Wah alias Edmund Tse Wah Liu (廖滋華), administrator of the estate of Liu Hon Kee Evan (deceased); 4th Plaintiff: Liu Johnny Chee Yuen (廖滋遠) alias Liu Chee Yuen alias Johnny Liu; 5th Plaintiff: Henry Ho Kwong Liu alias Liu Ho Kwong Henry; 1st Defendant: Liu Chee Kwan (廖滋鈞); 2nd Defendant: Liu Wai Man (廖惠民)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2023
Case Number
HCA953/2017
Procedural Posture
Civil Dispute (trusts/tong Management/property) / Judgment After Trial (court of First Instance)
Outcome
All plaintiffs' claims dismissed
Legal Topics
Agent/trustee Duties, Breach of Trust, Unlawful Occupation, Rent and Letting Undervalue, Disclosure of Trust Documents, Payment of Rates, Validity of Meeting Resolutions, Customary Ding Payments, Causation, Limitation Defence
Source Language
EN
Trusts and Fiduciary Duty Property Law Civil Procedure (pleadings and Disclosure) Limitation Law Agent/trustee Duties Breach of Trust Unlawful Occupation Rent and Letting Undervalue +6 more

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Parties

Liu Hon Wong (廖漢旺)

1st Plaintiff

Liu Tse Wah alias Edmund Tse Wah Liu (廖滋華)

2nd Plaintiff

Liu Tse Wah alias Edmund Tse Wah Liu (廖滋華), administrator of the estate of Liu Hon Kee Evan (deceased)

3rd Plaintiff

Liu Johnny Chee Yuen (廖滋遠) alias Liu Chee Yuen alias Johnny Liu

4th Plaintiff

Henry Ho Kwong Liu alias Liu Ho Kwong Henry

5th Plaintiff

Liu Chee Kwan (廖滋鈞)

1st Defendant

Liu Wai Man (廖惠民)

2nd Defendant

Procedural Posture

Civil Dispute (trusts/tong Management/property) / Judgment After Trial (court of First Instance)

Legal Issues

  1. 1 Whether D1 acted as Agent/Trustee/Helper and owed legally enforceable duties
  2. 2 Whether D1 caused/failed to prevent unlawful occupation of Lot 415 and is liable for reinstatement costs
  3. 3 Whether D1 failed to collect/distribute Ding Payments to entitled members

Ratio Decidendi

Court dismissed all plaintiffs’ claims. Principal legal bases: plaintiffs failed to plead or prove a legally enforceable role/duties for D1 as Agent/Trustee/Helper (no pleaded consideration or estoppel); evidence and pleadings did not support inclusion of Lot 415 within helper duties; plaintiffs failed to plead and prove causation and the specific acts/omissions by defendants that caused the alleged losses (reinstatement costs, legal costs, undervalue lettings); disclosure of trust/tong documents is discretionary and plaintiffs failed to plead material facts and objectives sufficient to justify compelling disclosure; challenges to rates-related resolutions and the May 2017 resolution were...

Court Disposition

All plaintiffs' claims dismissed

Orders

  • Plaintiffs' claims dismissed
  • Costs to follow the event: costs of proceedings (including reserved costs) to be paid by plaintiffs to defendants; certificate for two counsel; taxed if not agreed