CHAN KING CHANG AND ANOTHER v. 劉俊民 AND OTHERS

CHAN KING CHANG AND ANOTHER v. 劉俊民 AND OTHERS

The court accepted the plaintiffs' evidence that they funded acquisition and construction and that the Deed of Gift of 23 June 1976 vested ownership of the whole house in the plaintiffs; there was no credible evidence of any binding agreement that the 4th defendant retained beneficial ownership of the ground floor or that the land would be re-transferred to the 4th defendant after the parents' deaths; accordingly the defendants' defences and the 4th defendant's counterclaim were dismissed and the plaintiffs were entitled to possession and specified monetary awards.

Citation
[2023] HKDC 1854
Parties
1st Plaintiff: CHAN KING CHANG; 2nd Plaintiff: CHAN LAU KOON TAI ELAINE (formerly LAU KOON TAI); 1st Defendant: 劉俊民; 2nd Defendant: 劉卓軒; 3rd Defendant: The Occupier(s) of Ground Floor of Lot No. 776 in Demarcation District No. 225, Sai Kung, New Territories, Hong Kong; 4th Defendant: 劉俊民 (person appointed to represent the estate of 劉觀平, Deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 December 2023
Case Number
DCMP3166/2018
Procedural Posture
Summary Proceedings for Possession Under Order 113 of the Rules of the District Court (cap. 336 H) / Judgment After Trial (27 December 2023)
Outcome
Plaintiffs' claim for possession allowed against 1st–3rd defendants; defendants' defences and 4th defendant's counterclaim dismissed; limited monetary awards made to plaintiffs; costs orders nisi as specified.
Legal Topics
Possession, Deed of Gift, Licence, Constructive Trust, Resulting Trust, Trespass, Costs, Amendment of Pleadings
Source Language
EN
Property Trusts Landlord and Tenant Civil Procedure Possession Deed of Gift Licence Constructive Trust +4 more

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Parties

CHAN KING CHANG

1st Plaintiff

CHAN LAU KOON TAI ELAINE (formerly LAU KOON TAI)

2nd Plaintiff

劉俊民

1st Defendant

劉卓軒

2nd Defendant

The Occupier(s) of Ground Floor of Lot No. 776 in Demarcation District No. 225, Sai Kung, New Territories, Hong Kong

3rd Defendant

劉俊民 (person appointed to represent the estate of 劉觀平, Deceased)

4th Defendant

Procedural Posture

Summary Proceedings for Possession Under Order 113 of the Rules of the District Court (cap. 336 H) / Judgment After Trial (27 December 2023)

Legal Issues

  1. 1 Whether an oral agreement existed between 1st plaintiff and 4th defendant allocating floors or creating beneficial ownership rights
  2. 2 Whether the Deed of Gift dated 23 June 1976 was valid or should be set aside
  3. 3 Whether there was an agreement to transfer the land back to the 4th defendant upon parents' death

Ratio Decidendi

The court accepted the plaintiffs' evidence that they funded acquisition and construction and that the Deed of Gift of 23 June 1976 vested ownership of the whole house in the plaintiffs; there was no credible evidence of any binding agreement that the 4th defendant retained beneficial ownership of the ground floor or that the land would be re-transferred to the 4th defendant after the parents' deaths; accordingly the defendants' defences and the 4th defendant's counterclaim were dismissed and the plaintiffs were entitled to possession and specified monetary awards.

Court Disposition

Plaintiffs' claim for possession allowed against 1st–3rd defendants; defendants' defences and 4th defendant's counterclaim dismissed; limited monetary awards made to plaintiffs; costs orders nisi as specified.

Orders

  • Judgment for possession of the property in favour of the 1st and 2nd plaintiffs against the 1st, 2nd and 3rd defendants.
  • Application by the 4th defendant to amend the re-amended defence and counterclaim dismissed.