CHEUNG PING v. CHEUNG WAI KIT, representative of the estate of CHEUNG CHE KEUNG, the deceased

CHEUNG PING v. CHEUNG WAI KIT, representative of the estate of CHEUNG CHE KEUNG, the deceased

On the facts and expert evidence the court found Chinese law/custom applied to the 1921 and 1958 successions; the 1921 and 1958 successors held the land in name only as trustees for male lineal descendants (delayed family division); the plaintiff proved kinship to 張盈全 in the same generation as the deceased; consequently plaintiff is beneficially entitled to half of the deceased’s sale proceeds (HK$904,301.25) and judgment entered accordingly with declarations, interest and indemnity costs (nisi).

Citation
[2021] HKDC 894
Parties
Plaintiff: Cheung Ping; Defendant / Estate Representative: Cheung Wai Kit, representative of the Estate of Cheung Che Keung (deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 July 2021
Case Number
DCCJ3618/2010
Procedural Posture
Civil Action Property, Succession and Trust / Final Judgment (district Court)
Outcome
Judgment for plaintiff against the Estate of Cheung Che Keung for HK$904,301.25; declarations made (one absolute as to kinship, one nisi as to beneficial entitlement); interest and costs awarded on nisi basis
Legal Topics
Customary Succession, Ancestral Land, Beneficial Ownership, Declaration of Trust, Kinship and Genealogy, Interest and Costs, Nisi Declarations
Source Language
EN
Land Law Succession Law Trusts and Equity Family/customary Law Civil Procedure Customary Succession Ancestral Land Beneficial Ownership +4 more

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Parties

Cheung Ping

Plaintiff

Cheung Wai Kit, representative of the Estate of Cheung Che Keung (deceased)

Defendant / Estate Representative

Procedural Posture

Civil Action Property, Succession and Trust / Final Judgment (district Court)

Legal Issues

  1. 1 Whether the 12 lots were held by the 1921 and 1958 successors absolutely as legal and beneficial owners or held in name only under Chinese law/custom to be distributed to male lineal descendants (trust for delayed family division)
  2. 2 Whether the plaintiff is a male lineal descendant of 張盈全 in the same generation as the deceased (kinship issue)
  3. 3 Whether the plaintiff is entitled to half of the deceased’s share of sale proceeds and related relief (declaration, interest, costs)

Ratio Decidendi

On the facts and expert evidence the court found Chinese law/custom applied to the 1921 and 1958 successions; the 1921 and 1958 successors held the land in name only as trustees for male lineal descendants (delayed family division); the plaintiff proved kinship to 張盈全 in the same generation as the deceased; consequently plaintiff is beneficially entitled to half of the deceased’s sale proceeds (HK$904,301.25) and judgment entered accordingly with declarations, interest and indemnity costs (nisi).

Court Disposition

Judgment for plaintiff against the Estate of Cheung Che Keung for HK$904,301.25; declarations made (one absolute as to kinship, one nisi as to beneficial entitlement); interest and costs awarded on nisi basis

Orders

  • Judgment entered for the plaintiff against the Estate of Cheung Che Keung in the sum of HK$904,301.25
  • Interest to be paid on that sum at Prime Lending Rate plus 1% per annum from 18 September 2010 until date of judgment and thereafter at judgment rate until full payment (order nisi)