KENNETH HOI WAH SIT v. LAU YAU SANG & LEUNG SAU YING t/a ME & GEORGE FASHION IMPORT SHOP AND ANOTHER

KENNETH HOI WAH SIT v. LAU YAU SANG & LEUNG SAU YING t/a ME & GEORGE FASHION IMPORT SHOP AND ANOTHER

The acts of the purported administrator (Frank Wong) did not bind the lawful administrator because the licence was not for the benefit of the estate and the lawful administrator (Mr Sit) was entitled to refuse ratification; therefore there was no arguable defence and no triable issue and the Master's interlocutory judgment awarding damages was upheld.

Citation
KENNETH HOI WAH SIT v. LAU YAU SANG & LEUNG SAU YING t/a ME & GEORGE FASHION IMPORT SHOP AND ANOTHER
Parties
Plaintiff and Court Appointed Administrator of the Estate of Wong Yee Man: Mr Sit; Occupier/licensee and Proprietor of Retail Business (former): 1st defendant; Occupier/licensee and Proprietor of Retail Business (current): 2nd defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2007
Case Number
HCA31/2006
Procedural Posture
Civil — Trespass and Claim for Possession/mesne Profits Arising From Estate Administration / Appeal by Rehearing From Master's Interlocutory Judgment (summary Judgment for Damages Entered Below)
Outcome
Appeal dismissed; Master's interlocutory judgment upheld; costs nisi to plaintiff
Legal Topics
Executor De Son Tort, Ratification, Licence to Occupy, Relation Back Doctrine, Summary Judgment
Source Language
EN
Probate and Administration Property Law Landlord and Tenant Equity Civil Procedure Executor De Son Tort Ratification Licence to Occupy +2 more

Case Brief

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Parties

Mr Sit

Plaintiff and Court Appointed Administrator of the Estate of Wong Yee Man

1st defendant

Occupier/licensee and Proprietor of Retail Business (former)

2nd defendant

Occupier/licensee and Proprietor of Retail Business (current)

Procedural Posture

Civil — Trespass and Claim for Possession/mesne Profits Arising From Estate Administration / Appeal by Rehearing From Master's Interlocutory Judgment (summary Judgment for Damages Entered Below)

Legal Issues

  1. 1 Whether acts of an executor de son tort (Frank Wong) giving a licence are binding on the lawful administrator and the estate
  2. 2 Whether there is an arguable defence that the lawful administrator (Mr Sit) was bound to ratify the licence, thus validating sub-licences to the 1st and 2nd defendants

Ratio Decidendi

The acts of the purported administrator (Frank Wong) did not bind the lawful administrator because the licence was not for the benefit of the estate and the lawful administrator (Mr Sit) was entitled to refuse ratification; therefore there was no arguable defence and no triable issue and the Master's interlocutory judgment awarding damages was upheld.

Court Disposition

Appeal dismissed; Master's interlocutory judgment upheld; costs nisi to plaintiff

Orders

  • Appeal dismissed
  • Master's interlocutory judgment for damages against defendants upheld (damages to be assessed)