TSE MAN YIU AND OTHERS v. TSE MAN WAI AND ANOTHER

TSE MAN YIU AND OTHERS v. TSE MAN WAI AND ANOTHER

Application to amend to plead illegality was refused (save for two clerical amendments) because the proposed amendment was extremely late with no adequate explanation, the illegality case was doubtful on its face (lacked pleaded dishonesty, causation and particulars and relied on public‑policy breach insufficient to...

Source-derived case information.

Citation
[2025] HKCFI 967
Parties
1st Plaintiff; Also Suing as Administrator of Multiple Estates: TSE MAN YIU; 2nd Plaintiff: TSE MAN YIU (as Administrator of the estate of TSE YUI MING, deceased); 3rd Plaintiff: TSE MAN YIU (as Administrator of the estate of MA LUEN KIU, deceased); 4th Plaintiff: TSE MAN YIU (as Administrator of the estate of TSE MAN FUNG, deceased); 5th Plaintiff: TSE MAN HO; 1st Defendant: TSE MAN WAI; 2nd Defendant (sued as Deceased; Executor TSE MAN Wai): TSE HUI YUET YING (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2025
Case Number
HCMP2557/2017
Procedural Posture
Property Dispute Concerning HOS Flat; Claim in Common Intention Constructive Trust and Resulting Trust; Late Application to Amend Defence to Plead Illegality / Post Pre Trial Review; Interlocutory Summonses to Amend Pleadings; Decision Refusing Amendment One Month Before Scheduled 8 Day Trial
Outcome
Summonses to amend defence to plead illegality refused except for two clerical amendments
Legal Topics
Illegality, Common Intention Constructive Trust, Resulting Trust, Amendment of Pleadings, Housing Policy (hos), Prejudice and Costs, Nominee Ownership
Source Language
en
Property Law Equity and Trusts Civil Procedure Administrative/public Housing Law Criminal Law (allegations) Illegality Common Intention Constructive Trust Resulting Trust +4 more

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Parties

TSE MAN YIU

1st Plaintiff; Also Suing as Administrator of Multiple Estates

TSE MAN YIU (as Administrator of the estate of TSE YUI MING, deceased)

2nd Plaintiff

TSE MAN YIU (as Administrator of the estate of MA LUEN KIU, deceased)

3rd Plaintiff

TSE MAN YIU (as Administrator of the estate of TSE MAN FUNG, deceased)

4th Plaintiff

TSE MAN HO

5th Plaintiff

TSE MAN WAI

1st Defendant

TSE HUI YUET YING (deceased)

2nd Defendant (sued as Deceased; Executor TSE MAN Wai)

Procedural Posture

Property Dispute Concerning HOS Flat; Claim in Common Intention Constructive Trust and Resulting Trust; Late Application to Amend Defence to Plead Illegality / Post Pre Trial Review; Interlocutory Summonses to Amend Pleadings; Decision Refusing Amendment One Month Before Scheduled 8 Day Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the defence late to plead illegality
  2. 2 Whether the pleaded facts and documents support illegality under the tests in Monat Investment and Leung Ching Wai
  3. 3 Whether undue delay and prejudice to Plaintiffs justify refusal of amendment

Ratio Decidendi

Application to amend to plead illegality was refused (save for two clerical amendments) because the proposed amendment was extremely late with no adequate explanation, the illegality case was doubtful on its face (lacked pleaded dishonesty, causation and particulars and relied on public‑policy breach insufficient to establish illegality under Monat Investment and relevant authority), and allowing it would cause real prejudice to Plaintiffs that could not be adequately compensated by costs.

Court Disposition

Summonses to amend defence to plead illegality refused except for two clerical amendments

Orders

  • Leave to amend to plead illegality refused except clerical amendments in §§16 and 27 of draft RRACDAC allowed
  • Costs to follow the event: Defendants to pay Plaintiffs' costs for the summonses, summarily assessed at HK$150,000