KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased) 對 WU YUK CHUN JUDY 及另一人

KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased) 對 WU YUK CHUN JUDY 及另一人

The application for leave was dismissed because the issues raised were primarily fact-specific, the Court of Appeal confirmed the trial judge's factual findings, and the applicant failed to demonstrate any question of law of general or public importance or other reason to justify the Court of Final Appeal's...

Source-derived case information.

Citation
[2020] HKCA 306
Parties
Plaintiff: KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased); First Defendant / Applicant for Leave: First Defendant (unnamed in heading); Second Defendant: WU YUK CHUN JUDY; ALL PERSONS IN OCCUPATION OF 2nd FLOOR, BOTANICAL COURT, NO. 5 CAINE ROAD, HONG KONG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 May 2020
Case Number
CACV190/2019
Procedural Posture
Civil Appeal in the Court of Appeal Arising From High Court Civil Action / Application for Leave to Appeal to the Court of Final Appeal (motion)
Outcome
Application for leave to appeal to the Court of Final Appeal dismissed
Legal Topics
Proprietary Estoppel, Leave to Appeal to Court of Final Appeal, Evaluation of Factual Findings, Adverse Inference for Failure to Call Witness, Intention for Testamentary Promises
Source Language
ch
Equity Property Law Civil Procedure Succession Law Proprietary Estoppel Leave to Appeal to Court of Final Appeal Evaluation of Factual Findings Adverse Inference for Failure to Call Witness +1 more

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Parties

KONG HON KUI THOMAS and KONG HON QUAN MARIUS (Administrators of the Estate of Kong So Ngo, Deceased)

Plaintiff

First Defendant (unnamed in heading)

First Defendant / Applicant for Leave

WU YUK CHUN JUDY; ALL PERSONS IN OCCUPATION OF 2nd FLOOR, BOTANICAL COURT, NO. 5 CAINE ROAD, HONG KONG

Second Defendant

Procedural Posture

Civil Appeal in the Court of Appeal Arising From High Court Civil Action / Application for Leave to Appeal to the Court of Final Appeal (motion)

Legal Issues

  1. 1 Whether a promise that assets be left to a person on death requires corroborative acts to show intention before it can ground proprietary estoppel
  2. 2 How a court should evaluate on the evidence whether proprietary estoppel arises
  3. 3 Whether an adverse inference can be drawn solely because a party fails to call a particular witness

Ratio Decidendi

The application for leave was dismissed because the issues raised were primarily fact-specific, the Court of Appeal confirmed the trial judge's factual findings, and the applicant failed to demonstrate any question of law of general or public importance or other reason to justify the Court of Final Appeal's intervention. Costs were ordered against the applicant.

Court Disposition

Application for leave to appeal to the Court of Final Appeal dismissed

Orders

  • Applicant ordered to pay the costs of this application
  • Applicant to file and serve her reply to the plaintiffs' summary assessment of costs within seven days of this judgment