HAU KING WAI KEITH AND OTHERS v. HAU TAK CHEUNG AND OTHERS

HAU KING WAI KEITH AND OTHERS v. HAU TAK CHEUNG AND OTHERS

Court held plaintiffs entitled on all main issues: the fong of Hau Yuk Chiu is entitled to share per stirpes; Hau Sun Chiu was adopted out to the fong of Hau Man Sau and thus not entitled to succeed; Hau Ying Fat was validly adopted by Hau Look Shun and entitled; the Grant to Hau Sun Chiu was unnecessary and procured by misrepresentation and concealment and should be revoked; transfers of the six properties were breaches of fiduciary duty by the administrator and the assignees dishonestly assisted/received and must disgorge.

Citation
HAU KING WAI KEITH AND OTHERS v. HAU TAK CHEUNG AND OTHERS
Parties
1st Plaintiff by Original Action; 1st Defendant by Counterclaim: Hau King Wai Keith; 2nd Plaintiff by Original Action; 2nd Defendant by Counterclaim: Hau Yuen Kwong; 3rd Plaintiff by Original Action; 3rd Defendant by Counterclaim: Hau Ying Fat; 2nd Defendant by Original Action; Counterclaimant: Hau Tak Cheung; 3rd Defendant by Original Action; Counterclaimant: Hau Wing Yin; Administrator of Estate of Hau Fook Sui; Applicant for Grant of Administration: Hau Sun Chiu (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2017
Case Number
HCAP18/2013
Procedural Posture
Civil Probate/trust/land Dispute / Judgment Dated 12 December 2017
Outcome
Judgment for plaintiffs on all main issues; counterclaim by defendants dismissed; defendants ordered to pay plaintiffs costs (nisi); plaintiffs granted specified reliefs with liberty to apply in respect of additional prayers.
Legal Topics
Intestacy, Adoption Under Chinese Customary Law, Revocation of Grant of Administration, Breach of Fiduciary Duty, Dishonest Assistance, Fraudulent Conveyance, New Territories Land Succession
Source Language
EN
Probate Trusts and Fiduciary Law Property/land Law Family Law (customary) Equity Intestacy Adoption Under Chinese Customary Law Revocation of Grant of Administration +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hau King Wai Keith

1st Plaintiff by Original Action; 1st Defendant by Counterclaim

Hau Yuen Kwong

2nd Plaintiff by Original Action; 2nd Defendant by Counterclaim

Hau Ying Fat

3rd Plaintiff by Original Action; 3rd Defendant by Counterclaim

Hau Tak Cheung

2nd Defendant by Original Action; Counterclaimant

Hau Wing Yin

3rd Defendant by Original Action; Counterclaimant

Hau Sun Chiu (deceased)

Administrator of Estate of Hau Fook Sui; Applicant for Grant of Administration

Procedural Posture

Civil Probate/trust/land Dispute / Judgment Dated 12 December 2017

Legal Issues

  1. 1 Whether the fong of Hau Yuk Chiu is entitled to share in intestate estate under Chinese customary law
  2. 2 Whether Hau Sun Chiu was adopted out to the fong of Hau Man Sau and thus disqualified from succession
  3. 3 Whether Hau Ying Fat was validly adopted by Hau Look Shun and entitled to succeed to his share

Ratio Decidendi

Court held plaintiffs entitled on all main issues: the fong of Hau Yuk Chiu is entitled to share per stirpes; Hau Sun Chiu was adopted out to the fong of Hau Man Sau and thus not entitled to succeed; Hau Ying Fat was validly adopted by Hau Look Shun and entitled; the Grant to Hau Sun Chiu was unnecessary and procured by misrepresentation and concealment and should be revoked; transfers of the six properties were breaches of fiduciary duty by the administrator and the assignees dishonestly assisted/received and must disgorge.

Court Disposition

Judgment for plaintiffs on all main issues; counterclaim by defendants dismissed; defendants ordered to pay plaintiffs costs (nisi); plaintiffs granted specified reliefs with liberty to apply in respect of additional prayers.

Orders

  • Order in terms of paragraphs (1) to (12) and (16) of the Statement of Claim granted
  • Liberty granted to plaintiffs to apply in respect of paragraphs (13) to (15) of the Statement of Claim