YU WING CHEONG alias YU JOSEPH WING CHEONG, Executor substituted named in the Will of YAU SIN WAH alias YAU KAM LAN (“Deceased”) AND ANOTHER v. YU WING YIN

YU WING CHEONG alias YU JOSEPH WING CHEONG, Executor substituted named in the Will of YAU SIN WAH alias YAU KAM LAN (“Deceased”) AND ANOTHER v. YU WING YIN

Leave to appeal to the Court of Final Appeal was refused because the proposed grounds merely re‑ran arguments already rejected below, raised no question of general or public importance, and failed to identify any arguable error of law or triable issue: summary judgment was properly granted as the defendant's...

Source-derived case information.

Citation
[2022] HKCA 1706
Parties
1st Plaintiff; Executor Substituted Named in the Will of the Deceased: YU WING CHEONG; 2nd Plaintiff; Executor Substituted Named in the Will of the Deceased: YU WING KIT; Defendant (acting in Person): YU WING YIN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 November 2022
Case Number
CACV270/2019
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal From a Judgment of the Court of Appeal in a Civil Matter Concerning Administration of an Estate / Leave to Appeal to the Court of Final Appeal Refused by Court of Appeal Judgment Dated 16 November 2022
Outcome
Notice of Motion for leave to appeal to the Court of Final Appeal refused; application dismissed; costs awarded to plaintiffs on an indemnity basis
Legal Topics
Summary Judgment, Sale of Estate Property, Vacant Possession, Equitable Tenants in Common, Promissory/equitable Estoppel, Collective Sale for Redevelopment, Section 54 Probate and Administration Ordinance, Burden of Proof in Summary Proceedings, Indemnity Costs
Source Language
en
Probate and Administration Equity Civil Procedure Property Law Costs Summary Judgment Sale of Estate Property Vacant Possession +6 more

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Parties

YU WING CHEONG

1st Plaintiff; Executor Substituted Named in the Will of the Deceased

YU WING KIT

2nd Plaintiff; Executor Substituted Named in the Will of the Deceased

YU WING YIN

Defendant (acting in Person)

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal From a Judgment of the Court of Appeal in a Civil Matter Concerning Administration of an Estate / Leave to Appeal to the Court of Final Appeal Refused by Court of Appeal Judgment Dated 16 November 2022

Legal Issues

  1. 1 Whether leave should be granted to appeal to the Court of Final Appeal
  2. 2 Whether the summary judgment below was wrongly decided or raised triable issues
  3. 3 Whether the defendant has an equitable interest as a tenant in common preventing sale

Ratio Decidendi

Leave to appeal to the Court of Final Appeal was refused because the proposed grounds merely re‑ran arguments already rejected below, raised no question of general or public importance, and failed to identify any arguable error of law or triable issue: summary judgment was properly granted as the defendant's asserted equitable interests and estoppel claims lacked sufficient evidence or particulars and there was no evidence of an imminent collective sale; the application amounted to abuse of process and costs were awarded on an indemnity basis.

Court Disposition

Notice of Motion for leave to appeal to the Court of Final Appeal refused; application dismissed; costs awarded to plaintiffs on an indemnity basis

Orders

  • Notice of Motion dismissed and leave to appeal refused
  • Costs of the application to be paid by the defendant to the plaintiffs to be assessed summarily on an indemnity basis