HUI YAU PING v. SZE LOONG YAU AND OTHERS

HUI YAU PING v. SZE LOONG YAU AND OTHERS

The claimant failed to prove the existence of enforceable oral agreements governing the share transfers or that the assignment of the Workshop was procured by misrepresentation; the Family Deed operated to release administration claims; the court accepted that the Mother owed Sze HK$3,000,000 and ordered payment by the Administrator with interest; accordingly the claimant's claims and the children's counterclaim and Linda's trust claim failed, while Sze's claim succeeded.

Citation
HUI YAU PING v. SZE LOONG YAU AND OTHERS
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Hui Yau Ping; 1st Defendant (original Action); 1st Plaintiff (counterclaim): Sze Loong Yau; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): Hui Lai Ngar; 3rd Defendant (original Action); 3rd Plaintiff (counterclaim): Hui Lai Lai; 4th Defendant (original Action); 4th Plaintiff (counterclaim): Hui Man Lung; 5th Defendant (original Action): Grand View Paper Company Limited; 2nd Defendant (counterclaim): Lam Hau Ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2015
Case Number
HCA1923/2011
Procedural Posture
Civil Action (property, Trust and Probate) / Judgment After Trial
Outcome
Plaintiff's claims dismissed; children's counterclaim and Linda's counterclaim dismissed; Sze's counterclaim for HK$3,000,000 against the estate succeeded; costs order nisi as specified.
Legal Topics
Specific Performance, Misrepresentation, Breach of Trust, Administration of Estate, Accounting, Assignment of Property, Trusts and Constructive Trust, Deeds and Releases
Source Language
EN
Equity and Trusts Property Law Contract Law Probate and Administration Family Business Disputes Civil Procedure Specific Performance Misrepresentation +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hui Yau Ping

Plaintiff (original Action); 1st Defendant (counterclaim)

Sze Loong Yau

1st Defendant (original Action); 1st Plaintiff (counterclaim)

Hui Lai Ngar

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

Hui Lai Lai

3rd Defendant (original Action); 3rd Plaintiff (counterclaim)

Hui Man Lung

4th Defendant (original Action); 4th Plaintiff (counterclaim)

Grand View Paper Company Limited

5th Defendant (original Action)

Lam Hau Ling

2nd Defendant (counterclaim)

Procedural Posture

Civil Action (property, Trust and Probate) / Judgment After Trial

Legal Issues

  1. 1 Whether verbal agreements conditioned the transfers of company shares and are enforceable by specific performance
  2. 2 Whether the assignment of the Workshop to Grand View Paper Company Ltd was procured by misrepresentation
  3. 3 Whether the AIA insurance funds were held on trust and whether premiums were provided by Linda or by the family company

Ratio Decidendi

The claimant failed to prove the existence of enforceable oral agreements governing the share transfers or that the assignment of the Workshop was procured by misrepresentation; the Family Deed operated to release administration claims; the court accepted that the Mother owed Sze HK$3,000,000 and ordered payment by the Administrator with interest; accordingly the claimant's claims and the children's counterclaim and Linda's trust claim failed, while Sze's claim succeeded.

Court Disposition

Plaintiff's claims dismissed; children's counterclaim and Linda's counterclaim dismissed; Sze's counterclaim for HK$3,000,000 against the estate succeeded; costs order nisi as specified.

Orders

  • Dismiss the claims of Hui Yau Ping against the Defendants
  • Dismiss the 3 children's counterclaim to compel accounting and distribution of the Mother's estate