NG MO CHING the administratrix of the estate of NG SHIL MING, deceased AND ANOTHER v. The Estate of TONG SHUN, deceased AND ANOTHER

NG MO CHING the administratrix of the estate of NG SHIL MING, deceased AND ANOTHER v. The Estate of TONG SHUN, deceased AND ANOTHER

The court found the plaintiffs established the 1953 agreement and sufficient evidential possession to enforce that equitable interest and ordered transfer in accordance with the draft; the Master Britton order of 13 September 1994 was set aside insofar as it related to lots 51A and 211A on the basis of mistake and the unusual procedural history including the 2nd defendant's non‑opposition and lack of evidential support for fraud; costs were reserved as no order due to lack of evidence of fraud and complexity of title.

Citation
[2018] HKCFI 862
Parties
1st Plaintiff: Ng Mo Ching; 2nd Plaintiff: Ng Chung Ying, Daydes; 1st Defendant: The Estate of Tong Shun (湯信), deceased; 2nd Defendant: Wong Hei Ting
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2018
Case Number
HCA849/2016
Procedural Posture
Civil Action Land/title / Trial Judgment
Outcome
Judgment for plaintiffs. Order that legal title be transferred in accordance with the 1953 agreement; Master Britton's 13 September 1994 order set aside insofar as it related to lots 51A and 211A; no order as to costs between plaintiffs and 1st defendant; no costs awarded against 2nd defendant.
Legal Topics
Specific Performance, Adverse Possession, Setting Aside Judgment, Squatter's Title, Fraudulent Misrepresentation, Mistake, Title Regularisation
Source Language
EN
Property Law Equity Civil Procedure Limitation Law Chinese Customary Law Specific Performance Adverse Possession Setting Aside Judgment +4 more

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Parties

Ng Mo Ching

1st Plaintiff

Ng Chung Ying, Daydes

2nd Plaintiff

The Estate of Tong Shun (湯信), deceased

1st Defendant

Wong Hei Ting

2nd Defendant

Procedural Posture

Civil Action Land/title / Trial Judgment

Legal Issues

  1. 1 Whether the 1953 agreement created an equitable interest enforceable now and entitling plaintiffs to transfer of legal title
  2. 2 Whether plaintiffs have been in actual or constructive possession sufficient to defeat adverse possession claims
  3. 3 Whether the Master Britton order of 13 September 1994 vesting lots 51A and 211A by adverse possession should be set aside for fraud or mistake

Ratio Decidendi

The court found the plaintiffs established the 1953 agreement and sufficient evidential possession to enforce that equitable interest and ordered transfer in accordance with the draft; the Master Britton order of 13 September 1994 was set aside insofar as it related to lots 51A and 211A on the basis of mistake and the unusual procedural history including the 2nd defendant's non‑opposition and lack of evidential support for fraud; costs were reserved as no order due to lack of evidence of fraud and complexity of title.

Court Disposition

Judgment for plaintiffs. Order that legal title be transferred in accordance with the 1953 agreement; Master Britton's 13 September 1994 order set aside insofar as it related to lots 51A and 211A; no order as to costs between plaintiffs and 1st defendant; no costs awarded against 2nd defendant.

Orders

  • Order that the 1953 agreement be enforced and legal title to the disputed land be transferred to the 1st plaintiff or at her direction
  • Order setting aside the Master Britton order dated 13 September 1994 insofar as it relates to lots 51A and 211A