MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

On the evidence including uncontested expert evidence of Chinese customary law, two co-managers appointed to a Tso exercise joint authority and the death of one does not automatically vest full managerial powers in the survivor; there was no properly convened majority decision of the Tso to appoint the surviving manager as sole manager after Yuk Hon's death, therefore Lai Chuen lacked authority to terminate the tenancies or commence possession proceedings and the tenants were entitled to challenge his authority.

Citation
MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN
Parties
Plaintiff / Purported Sole Registered Manager (disputed): Lai Chuen; Defendant / Tenant / Family Member: Mak Pui Kuen; Defendant / Tenant / Family Member: Lau; Landlord / Clan Trust Entity: Mak family Tso
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 August 2008
Case Number
DCCJ2610/2006
Procedural Posture
Landlord and Tenant / Customary Trust Dispute / Trial Judgment
Outcome
Plaintiff's claims against Mak Pui Kuen and Lau dismissed
Legal Topics
Manager Appointment and Registration Under S15, Authority of Co Managers, Challenge to Managerial Authority, Estoppel by Tenancy, Tenancy Renewal, Possession and Eviction
Source Language
EN
Land Law Trusts Customary Law Landlord and Tenant Administrative Registration Manager Appointment and Registration Under S15 Authority of Co Managers Challenge to Managerial Authority +3 more

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Parties

Lai Chuen

Plaintiff / Purported Sole Registered Manager (disputed)

Mak Pui Kuen

Defendant / Tenant / Family Member

Lau

Defendant / Tenant / Family Member

Mak family Tso

Landlord / Clan Trust Entity

Procedural Posture

Landlord and Tenant / Customary Trust Dispute / Trial Judgment

Legal Issues

  1. 1 Whether tenants (family members) can challenge the plaintiff's authority as registered manager to terminate tenancies and commence proceedings
  2. 2 Whether the surviving registered co-manager (plaintiff) acquired sole authority on co-manager's death
  3. 3 Whether defendants had the contractual right to renew the tenancies

Ratio Decidendi

On the evidence including uncontested expert evidence of Chinese customary law, two co-managers appointed to a Tso exercise joint authority and the death of one does not automatically vest full managerial powers in the survivor; there was no properly convened majority decision of the Tso to appoint the surviving manager as sole manager after Yuk Hon's death, therefore Lai Chuen lacked authority to terminate the tenancies or commence possession proceedings and the tenants were entitled to challenge his authority.

Court Disposition

Plaintiff's claims against Mak Pui Kuen and Lau dismissed

Orders

  • Claims dismissed
  • Costs order nisi: Plaintiff to pay defendants' costs with certificate for Counsel, to be taxed if not agreed