LAM KWOK HING (as Administrator of the Estate of LAM PING SANG, deceased) v. LAU HA also known as LAU HA LILY AND OTHERS

LAM KWOK HING (as Administrator of the Estate of LAM PING SANG, deceased) v. LAU HA also known as LAU HA LILY AND OTHERS

The 3rd Defendant/STRC and 4th Defendant/STWA operated in substance as a single aligned interest that successfully defeated the Plaintiff's claim; therefore the Plaintiff's application to vary the costs order nisi fails and costs should follow the event, with the Plaintiff liable for the defendants' costs of the summons.

Citation
[2025] HKCFI 2843
Parties
Plaintiff (as Administrator of the Estate of Lam Ping Sang, Deceased): Lam Kwok Hing; Defendant: LAU HA; 1st Defendant: 1st Defendant; 3rd Defendant/strc: 3rd Defendant (STRC); 4th Defendant/stwa: 4th Defendant (STWA); Representative of STWA: Mr Mok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2025
Case Number
HCA2196/2020
Procedural Posture
Civil Action (property and Equitable Claims) / Decision on Costs (post Judgment)
Outcome
Summons dated 24 April 2025 dismissed; costs order nisi maintained against the Plaintiff
Legal Topics
Common Intention Constructive Trust, Estoppel by Convention, Proprietary Estoppel, Adverse Possession, Contract Holding Theory, Costs Follow Event
Source Language
EN
Equity Property Trusts Civil Procedure Costs Common Intention Constructive Trust Estoppel by Convention Proprietary Estoppel +3 more

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Parties

Lam Kwok Hing

Plaintiff (as Administrator of the Estate of Lam Ping Sang, Deceased)

LAU HA

Defendant

1st Defendant

1st Defendant

3rd Defendant (STRC)

3rd Defendant/strc

4th Defendant (STWA)

4th Defendant/stwa

Mr Mok

Representative of STWA

Procedural Posture

Civil Action (property and Equitable Claims) / Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether the Property was held on a common intention constructive trust in favour of STWA and/or its members
  2. 2 Whether the Plaintiff and/or estate were estopped from asserting ownership by estoppel by convention
  3. 3 Whether proprietary estoppel gave STWA members collective equitable rights

Ratio Decidendi

The 3rd Defendant/STRC and 4th Defendant/STWA operated in substance as a single aligned interest that successfully defeated the Plaintiff's claim; therefore the Plaintiff's application to vary the costs order nisi fails and costs should follow the event, with the Plaintiff liable for the defendants' costs of the summons.

Court Disposition

Summons dated 24 April 2025 dismissed; costs order nisi maintained against the Plaintiff

Orders

  • Summons dated 24 April 2025 dismissed
  • The Plaintiff do pay the Defendants' costs in respect of the summons dated 24 April 2025 to be taxed if not agreed (with certificate for counsel)