BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. JACK LYNN, deceased v. YEUNG KEUNG CHI AND OTHERS

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. JACK LYNN, deceased v. YEUNG KEUNG CHI AND OTHERS

D5 established the first three elements of unjust enrichment in respect of the sums received by D2–D4 and the alleged defences (bona fide mortgagee for value without notice; change of position; netting off; payments from parents not being at D5's expense) did not raise triable issues under Order 14; accordingly D2–D4 must hold the respective sums received on trust for D5, must refund them, and must contribute and indemnify D5 in respect of the Plaintiff's claim against her.

Citation
[2023] HKCFI 3351
Parties
Plaintiff (administratrix of the Estate of Late Mr Jack Lynn): BARBARA PUI YUNG LYNN; 1st Defendant: YEUNG KEUNG CHI (楊強枝); 2nd Defendant: HONG KONG GOLDEN EXPRESS LIMITED (香港金捷有限公司); 3rd Defendant: E FINANCE LIMITED (易財務有限公司); 4th Defendant: AB CAPITAL MANAGEMENT LIMITED (安本資產管理有限公司); 5th Defendant (third Party Claimant Seeking Contribution and Indemnity): CHICK MEI KI (植美琪)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2023
Case Number
HCA177/2021
Procedural Posture
Third Party Proceedings for Contribution and Indemnity (cip) in Relation to Unjust Enrichment Arising From a Property Conveyancing/fraud Matter / Order 14 Summary Judgment Hearing (application Dated 6 February 2023)
Outcome
Summary judgment entered for D5 on the third party claim: declarations granted that D2–D4 hold sums received on trust for D5; orders for repayment; order for contribution and indemnity for the Plaintiff's claim against D5; costs ordered against D2–D4.
Legal Topics
Summary Judgment, Bona Fide Purchaser/mortgagee for Value Without Notice, Change of Position, Void Ab Initio, Contribution and Indemnity, Mistake of Fact
Source Language
EN
Property Law Unjust Enrichment Equity Mortgage Law Civil Procedure Summary Judgment Bona Fide Purchaser/mortgagee for Value Without Notice Change of Position +3 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

BARBARA PUI YUNG LYNN

Plaintiff (administratrix of the Estate of Late Mr Jack Lynn)

YEUNG KEUNG CHI (楊強枝)

1st Defendant

HONG KONG GOLDEN EXPRESS LIMITED (香港金捷有限公司)

2nd Defendant

E FINANCE LIMITED (易財務有限公司)

3rd Defendant

AB CAPITAL MANAGEMENT LIMITED (安本資產管理有限公司)

4th Defendant

CHICK MEI KI (植美琪)

5th Defendant (third Party Claimant Seeking Contribution and Indemnity)

Procedural Posture

Third Party Proceedings for Contribution and Indemnity (cip) in Relation to Unjust Enrichment Arising From a Property Conveyancing/fraud Matter / Order 14 Summary Judgment Hearing (application Dated 6 February 2023)

Legal Issues

  1. 1 Whether D2–D4 were unjustly enriched by sums paid on completion of the sale to D5
  2. 2 Whether any enrichment was at D5's expense
  3. 3 Whether defences (bona fide mortgagee for value without notice; change of position; netting off) defeat restitution

Ratio Decidendi

D5 established the first three elements of unjust enrichment in respect of the sums received by D2–D4 and the alleged defences (bona fide mortgagee for value without notice; change of position; netting off; payments from parents not being at D5's expense) did not raise triable issues under Order 14; accordingly D2–D4 must hold the respective sums received on trust for D5, must refund them, and must contribute and indemnify D5 in respect of the Plaintiff's claim against her.

Court Disposition

Summary judgment entered for D5 on the third party claim: declarations granted that D2–D4 hold sums received on trust for D5; orders for repayment; order for contribution and indemnity for the Plaintiff's claim against D5; costs ordered against D2–D4.

Orders

  • Declarations that 2nd to 4th Defendants are each holding the sum they received from the 5th Defendant on trust for the 5th Defendant and shall refund the same to the 5th Defendant (summary judgment in terms of paragraphs 1–6 of the Summons)
  • Order that 2nd to 4th Defendants contribute to and indemnify the 5th Defendant to the full extent including the whole of the Plaintiff's claim against the 5th Defendant (paragraph 9 of the Summons)