KAN SAU LAN, the Administratrix of the Estate of TSANG MA MING, deceased v. XU HONG

KAN SAU LAN, the Administratrix of the Estate of TSANG MA MING, deceased v. XU HONG

The court found there was a serious issue to be tried and a real risk that damages would be inadequate given the Defendant's undisclosed financial position; accordingly a preservation order/proprietary injunction was justified. The court limited retrospective accounting as oppressive and fixed the retrospective cut‑off at 14 August 2017 while preserving prospective rental income arising after 14 August 2024 pending trial.

Citation
[2025] HKCFI 1161
Parties
Administratrix and Applicant: Plaintiff (wife); Respondent; Alleged Recipient of Gift/occupier of Disputed Lands: Defendant (mistress); Registered Owner of Disputed Lands (decedent): Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2025
Case Number
HCA1958/2021
Procedural Posture
Civil Proprietary Injunction / Preservation Order; Trusts and Estate Dispute / Interlocutory Application for Preservation Order and Proprietary Injunction (pre Trial)
Outcome
Preservation order/proprietary injunction granted in part
Legal Topics
Proprietary Injunction, Preservation Order, Executor De Son Tort, Constructive Trust, Proprietary Estoppel, Accounting for Profits
Source Language
EN
Trusts and Equity Civil Procedure Property Estates and Probate Proprietary Injunction Preservation Order Executor De Son Tort Constructive Trust +2 more

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Parties

Plaintiff (wife)

Administratrix and Applicant

Defendant (mistress)

Respondent; Alleged Recipient of Gift/occupier of Disputed Lands

Deceased

Registered Owner of Disputed Lands (decedent)

Procedural Posture

Civil Proprietary Injunction / Preservation Order; Trusts and Estate Dispute / Interlocutory Application for Preservation Order and Proprietary Injunction (pre Trial)

Legal Issues

  1. 1 Whether a preservation order/proprietary injunction should be granted to preserve rental income from the Disputed Lands pending trial
  2. 2 Whether the Defendant holds the rental income/property for the Deceased's estate as an executor de son tort or constructive trustee
  3. 3 Whether damages would be an adequate remedy and whether the Defendant can satisfy judgment

Ratio Decidendi

The court found there was a serious issue to be tried and a real risk that damages would be inadequate given the Defendant's undisclosed financial position; accordingly a preservation order/proprietary injunction was justified. The court limited retrospective accounting as oppressive and fixed the retrospective cut‑off at 14 August 2017 while preserving prospective rental income arising after 14 August 2024 pending trial.

Court Disposition

Preservation order/proprietary injunction granted in part

Orders

  • Defendant ordered to account for and pay net rental income generated from the Disputed Lands since 14 August 2017
  • Rental income arising after 14 August 2024 to be preserved pending trial (to be secured/held in escrow or otherwise secured)