IP WOON SHUN, Administrator to the Estate of JULIANA TANG YEE 對 YU SHEK CHONG (alias OLIVER YU) 及另一人

IP WOON SHUN, Administrator to the Estate of JULIANA TANG YEE 對 YU SHEK CHONG (alias OLIVER YU) 及另一人

The administrator was entitled to possession and delivery of title deeds because there was no legally binding agreement extinguishing the administrator's rights; the first defendant had no proprietary interest or valid defence and the gratuitous licence was revoked, therefore the court ordered delivery of deeds and...

Source-derived case information.

Citation
[2021] HKCFI 1231
Parties
Plaintiff: IP WOON SHUN, Administrator to the Estate of Juliana Tang Yee; 1st Defendant: Yu Shek Chong (alias Oliver Yu); 2nd Defendant: The Occupiers of Flat H, 1st Floor, Yuet Wah Mansion, Nos. 25-39 Yuet Wah St., Kowloon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2021
Case Number
HCMP1736/2020
Procedural Posture
Estate Administration and Possession / Hearing and Judgment (order)
Outcome
Plaintiff's claim allowed; orders made for delivery of title deeds and vacant possession; costs awarded to plaintiff against first defendant.
Legal Topics
Administrator's Remedial Powers, Delivery of Title Deeds, Vacant Possession, Licence Revocation
Source Language
ch
Estate Administration Property Law Civil Procedure Possession Administrator's Remedial Powers Delivery of Title Deeds Vacant Possession Licence Revocation

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Parties

IP WOON SHUN, Administrator to the Estate of Juliana Tang Yee

Plaintiff

Yu Shek Chong (alias Oliver Yu)

1st Defendant

The Occupiers of Flat H, 1st Floor, Yuet Wah Mansion, Nos. 25-39 Yuet Wah St., Kowloon

2nd Defendant

Procedural Posture

Estate Administration and Possession / Hearing and Judgment (order)

  1. 1 Whether the administrator is entitled to require delivery of title deeds and vacant possession of estate property
  2. 2 Whether the first defendant has any legal interest or licence entitling him to remain
  3. 3 Whether any binding agreement existed to share sale proceeds

Ratio Decidendi

The administrator was entitled to possession and delivery of title deeds because there was no legally binding agreement extinguishing the administrator's rights; the first defendant had no proprietary interest or valid defence and the gratuitous licence was revoked, therefore the court ordered delivery of deeds and vacant possession within a reasonable time (42 days) and awarded costs against the first defendant.

Court Disposition

Plaintiff's claim allowed; orders made for delivery of title deeds and vacant possession; costs awarded to plaintiff against first defendant.

Orders

  • First defendant must deliver all title deeds relating to the Property to the Plaintiff within 42 days of the order.
  • First defendant and second defendant must deliver vacant possession of the Property to the Plaintiff within 42 days of the order.