SHUN HING ELECTRONIC HOLDINGS LTD AND ANOTHER v. WONG PUI FAN

SHUN HING ELECTRONIC HOLDINGS LTD AND ANOTHER v. WONG PUI FAN

The claim for knowing receipt failed because the three payments were from the deceased's personal account to his wife during his illness, there were no indicia linking the payments to misuse of Shun Hing companies, and no reasonable basis existed to put the wife on inquiry; accordingly the 2nd Action was plainly unsustainable and was struck out.

Citation
SHUN HING ELECTRONIC HOLDINGS LTD AND ANOTHER v. WONG PUI FAN
Parties
1st Plaintiff: Shun Hing Holdings Company Limited; 2nd Plaintiff: Shun Hing Electronic Holdings Limited; 3rd Plaintiff: Shun Hing Electronic Trading Company Limited; 4th Plaintiff: Shun Hing Technology Company Limited; 1st Defendant: Li Kwok Po David; Choi Fan Keung Vic (Executors of the Estate of Mong Man Wai William, Deceased); 2nd Defendant: Mong Sien Yee Cynthia; 3rd Defendant: Mong Tak Yeung David; 4th Defendant / Defendant in HCA 2417/2014: Wong Pui Fan; 5th Defendant: Mong Pui Yee Perlie; Third Party: Mong Tak Yeung David
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2016
Case Number
HCA2417/2014
Procedural Posture
Civil Trusts and Company Law (knowing Receipt; Breach of Fiduciary Duty) / Interlocutory Strike Out Applications and Related Summonses
Outcome
2nd Action struck out; 2nd Summons dismissed; 3rd Summons dismissed
Legal Topics
Knowing Receipt, Breach of Fiduciary Duty, Strike Out Application, Discovery, Costs
Source Language
EN
Trusts Company Law Equity Civil Procedure Probate Knowing Receipt Breach of Fiduciary Duty Strike Out Application +2 more

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Parties

Shun Hing Holdings Company Limited

1st Plaintiff

Shun Hing Electronic Holdings Limited

2nd Plaintiff

Shun Hing Electronic Trading Company Limited

3rd Plaintiff

Shun Hing Technology Company Limited

4th Plaintiff

Li Kwok Po David; Choi Fan Keung Vic (Executors of the Estate of Mong Man Wai William, Deceased)

1st Defendant

Mong Sien Yee Cynthia

2nd Defendant

Mong Tak Yeung David

3rd Defendant

Wong Pui Fan

4th Defendant / Defendant in HCA 2417/2014

Mong Pui Yee Perlie

5th Defendant

Mong Tak Yeung David

Third Party

Procedural Posture

Civil Trusts and Company Law (knowing Receipt; Breach of Fiduciary Duty) / Interlocutory Strike Out Applications and Related Summonses

Legal Issues

  1. 1 Whether the defendant had the requisite knowledge for a claim of knowing receipt
  2. 2 Whether the 2nd Action was frivolous or unsustainable and liable to be struck out
  3. 3 Whether pleaded facts must be accepted at strike out stage where they are untenable

Ratio Decidendi

The claim for knowing receipt failed because the three payments were from the deceased's personal account to his wife during his illness, there were no indicia linking the payments to misuse of Shun Hing companies, and no reasonable basis existed to put the wife on inquiry; accordingly the 2nd Action was plainly unsustainable and was struck out.

Court Disposition

2nd Action struck out; 2nd Summons dismissed; 3rd Summons dismissed

Orders

  • 2nd Action (HCA 2417/2014) struck out
  • Order nisi that the costs of the 2nd Action, including costs of the 1st Summons, be to Wong with a certificate for two counsel