HO KWOK HO AND OTHERS v. HO WAI CHU AND OTHERS

HO KWOK HO AND OTHERS v. HO WAI CHU AND OTHERS

The court found plaintiffs had established a prima facie case but the 1st to 3rd defendants presented a believable factual case which, if proven at trial, amounted to arguable legal defences (proprietary estoppel, promissory estoppel and/or licence); accordingly summary judgment was inappropriate and unconditional leave to defend was granted.

Citation
[2019] HKDC 994
Parties
1st Plaintiff: Ho Kwok Ho; 2nd Plaintiff (committee of the Estate of Lau Shui Yin): Ho Kwok Chung; 1st Defendant: Ho Wai Chu; 2nd Defendant: Hui Hon Chau; 3rd Defendant: Hui Wai Yan; 4th Defendant: All occupier(s) of Flat B, 3rd Floor, Blocks A B & C, Wah Chi Mansion, No. 6 Kam Fung Street, Kowloon
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 July 2019
Case Number
DCCJ4494/2018
Procedural Posture
Civil Action — Summary Judgment Application Under Order 14 of the Rules of the District Court (possession/trespass/mesne Profits) / Application for Summary Judgment; Court Granted Unconditional Leave to Defend and Remitted Matters to Trial/case Management
Outcome
Summons for summary judgment dismissed to the extent of refusing judgment; unconditional leave granted for 1st to 3rd defendants to defend; action to proceed to further case management and trial directions
Legal Topics
Proprietary Estoppel, Promissory Estoppel, Licence, Summary Judgment, Mesne Profits
Source Language
EN
Land Law Equity Civil Procedure Probate/mental Capacity Administration Proprietary Estoppel Promissory Estoppel Licence Summary Judgment +1 more

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Parties

Ho Kwok Ho

1st Plaintiff

Ho Kwok Chung

2nd Plaintiff (committee of the Estate of Lau Shui Yin)

Ho Wai Chu

1st Defendant

Hui Hon Chau

2nd Defendant

Hui Wai Yan

3rd Defendant

All occupier(s) of Flat B, 3rd Floor, Blocks A B & C, Wah Chi Mansion, No. 6 Kam Fung Street, Kowloon

4th Defendant

Procedural Posture

Civil Action — Summary Judgment Application Under Order 14 of the Rules of the District Court (possession/trespass/mesne Profits) / Application for Summary Judgment; Court Granted Unconditional Leave to Defend and Remitted Matters to Trial/case Management

Legal Issues

  1. 1 Whether plaintiffs established a prima facie case entitling them to summary judgment
  2. 2 Whether the factual case advanced by the 1st to 3rd defendants is believable
  3. 3 If believable, whether those facts amount to an arguable defence in law (proprietary estoppel, promissory estoppel or licence)

Ratio Decidendi

The court found plaintiffs had established a prima facie case but the 1st to 3rd defendants presented a believable factual case which, if proven at trial, amounted to arguable legal defences (proprietary estoppel, promissory estoppel and/or licence); accordingly summary judgment was inappropriate and unconditional leave to defend was granted.

Court Disposition

Summons for summary judgment dismissed to the extent of refusing judgment; unconditional leave granted for 1st to 3rd defendants to defend; action to proceed to further case management and trial directions

Orders

  • Unconditional leave to defend granted to the 1st to 3rd defendants
  • Costs of the Summons, including hearings on 26 April 2019 and 22 July 2019, to be in the cause