SOURCE VIEW DEVELOPMENT LTD v. CAFE HAPPY POST LTD AND OTHERS

SOURCE VIEW DEVELOPMENT LTD v. CAFE HAPPY POST LTD AND OTHERS

The master’s orders were upheld: Tang’s challenges to the sale and assignment failed because (a) the Lands Department confirmed compliance with the New Grant, (b) as joint administrator Tang had statutory authority to sell under the PAO and Trustee Ordinance, (c) the alleged oral option was unproved, unenforceable by statute and inherently uncertain, and (d) Tang’s pleadings disclosed no bona fide defence or reasonable cause of action so striking out and summary judgment were appropriate; accordingly possession, mesne profits and indemnity costs were ordered.

Citation
[2022] HKCFI 2252
Parties
Plaintiff (hca 1611/2019); 2nd Defendant (hca 2275/2019): 鄧錦祥; Defendant (hca 1611/2019); Plaintiff (hca 2275/2019): Source View Development Limited; 1st Defendant (hca 2275/2019): CAFE Happy POST LIMITED; 3rd Defendant (hca 2275/2019): Happy Post Enterprise Limited; 4th Defendant (hca 2275/2019): Willcocks Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2022
Case Number
HCA2275/2019
Procedural Posture
Appeal From Master's Decision in Civil Actions / Rehearing in Chambers; Judgment on Appeal (dismissal)
Outcome
Appeals dismissed; master's Decision/Order upheld
Legal Topics
Summary Judgment, Striking Out, Forfeiture of Tenancy, Mesne Profits, Authority of Administrators/personal Representatives, Statute of Frauds (land Contracts), Abuse of Process, Costs (indemnity)
Source Language
EN
Conveyancing Property Law Probate and Administration Civil Procedure Landlord and Tenant Summary Judgment Striking Out Forfeiture of Tenancy +5 more

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Parties

鄧錦祥

Plaintiff (hca 1611/2019); 2nd Defendant (hca 2275/2019)

Source View Development Limited

Defendant (hca 1611/2019); Plaintiff (hca 2275/2019)

CAFE Happy POST LIMITED

1st Defendant (hca 2275/2019)

Happy Post Enterprise Limited

3rd Defendant (hca 2275/2019)

Willcocks Limited

4th Defendant (hca 2275/2019)

Procedural Posture

Appeal From Master's Decision in Civil Actions / Rehearing in Chambers; Judgment on Appeal (dismissal)

Legal Issues

  1. 1 Whether the 2009 sale and assignment of the Property was void for breach of the New Grant
  2. 2 Whether the joint administrators had authority to sell and assign the Property
  3. 3 Whether an alleged oral option to buy back the Property was enforceable

Ratio Decidendi

The master’s orders were upheld: Tang’s challenges to the sale and assignment failed because (a) the Lands Department confirmed compliance with the New Grant, (b) as joint administrator Tang had statutory authority to sell under the PAO and Trustee Ordinance, (c) the alleged oral option was unproved, unenforceable by statute and inherently uncertain, and (d) Tang’s pleadings disclosed no bona fide defence or reasonable cause of action so striking out and summary judgment were appropriate; accordingly possession, mesne profits and indemnity costs were ordered.

Court Disposition

Appeals dismissed; master's Decision/Order upheld

Orders

  • Summary judgment entered in HCA 2275/2019 against Tang, Happy Post Enterprise Limited and Willcocks Limited with costs to Source View Development Limited
  • Tang's amended defence and counterclaim in HCA 2275/2019 struck out with costs to Source View Development Limited