YUEN KWOK LEUNG ERIC AND ANOTHER v. THE PERSONAL REPRESENTATIVE OF MING CHOR PAO, DECEASED

YUEN KWOK LEUNG ERIC AND ANOTHER v. THE PERSONAL REPRESENTATIVE OF MING CHOR PAO, DECEASED

The court ordered sale because the 2019 Judgment conclusively established the plaintiffs' purchaser's lien, the Estate had not paid the sums due, no court had ordered a stay of execution pending appeal, the appellant advanced no arguable defence or triable issue, and summary disposal under Order 28 r4 was therefore appropriate; accordingly an order of sale with a 56‑day repayment window was granted and detailed sale and distribution directions were given.

Citation
[2024] HKCFI 174
Parties
1st Plaintiff: Yuen Kwok Leung Eric; 2nd Plaintiff: Lai Sau Ngar; Defendant (personal Representatives): Personal Representatives of Ming Chor Pao (defendant) - Mr Chu Kwok Kee Kookie and Mr Chu Kwok Bing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 January 2024
Case Number
HCMP262/2022
Procedural Posture
Originating Summons Enforcement of Purchaser's Lien / Substantive Hearing of Originating Summons and Judgment (order of Sale Granted)
Outcome
Judgment for the Plaintiffs; order of sale granted unless the Defendant pays HK$2,165,017.38 plus accrued interest and commission within 56 days
Legal Topics
Purchaser's Lien, Order of Sale, Rescission of Contract, Enduring Power of Attorney, Stay of Execution, Charging Order Priority
Source Language
EN
Property Conveyancing Equity Civil Procedure Probate Purchaser's Lien Order of Sale Rescission of Contract +3 more

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Parties

Yuen Kwok Leung Eric

1st Plaintiff

Lai Sau Ngar

2nd Plaintiff

Personal Representatives of Ming Chor Pao (defendant) - Mr Chu Kwok Kee Kookie and Mr Chu Kwok Bing

Defendant (personal Representatives)

Procedural Posture

Originating Summons Enforcement of Purchaser's Lien / Substantive Hearing of Originating Summons and Judgment (order of Sale Granted)

Legal Issues

  1. 1 Whether the plaintiffs are entitled to enforce a purchaser's lien by an order of sale
  2. 2 Whether an appeal by a defendant operates as a stay of execution of the judgment
  3. 3 Whether the defendant has raised any arguable defence or triable issue to resist summary disposal

Ratio Decidendi

The court ordered sale because the 2019 Judgment conclusively established the plaintiffs' purchaser's lien, the Estate had not paid the sums due, no court had ordered a stay of execution pending appeal, the appellant advanced no arguable defence or triable issue, and summary disposal under Order 28 r4 was therefore appropriate; accordingly an order of sale with a 56‑day repayment window was granted and detailed sale and distribution directions were given.

Court Disposition

Judgment for the Plaintiffs; order of sale granted unless the Defendant pays HK$2,165,017.38 plus accrued interest and commission within 56 days

Orders

  • Unless HK$2,165,017.38 together with interest of HK$380.64 per day from 10 January 2024 and the commission owed to Centaline are paid within 56 days, the plaintiffs' purchaser's lien shall be enforced by sale of Flat C, 6th Floor, No 14 Broadway, Mei Foo Sun Chuen, Kowloon
  • The sale shall be by public auction or private treaty in the open market at a price not less than HK$8,320,000 (value for sale under repossession) and shall be conducted by the plaintiffs' solicitors Messrs Fred Kan & Co