KONG COLIN CHUNG PING (also known as COLIN CHUNG PING KONG) AND ANOTHER v. KONG WING ON defending by his guardian ad litem MOY NUI CHING AND OTHERS

KONG COLIN CHUNG PING (also known as COLIN CHUNG PING KONG) AND ANOTHER v. KONG WING ON defending by his guardian ad litem MOY NUI CHING AND OTHERS

The master must perform the taking of account strictly within the Judge's order requiring an account for 50% of market rental of the two properties; the yard is excluded because it is not estate property, the Jordan Property must be valued as basement/ground combined (shop) and first floor separately (office), no repair deduction is applied for the purposes of this exercise, and the master will not determine additional breaches of duty to repair beyond the Judge's remit; parties must agree rental figures and submit a draft order within 28 days.

Citation
KONG COLIN CHUNG PING (also known as COLIN CHUNG PING KONG) AND ANOTHER v. KONG WING ON defending by his guardian ad litem MOY NUI CHING AND OTHERS
Parties
1st Plaintiff: KONG COLIN CHUNG PING; 2nd Plaintiff: KONG JOANIE CHUN-MUN; 1st Defendant (defended by Guardian Ad Litem Moy Nui Ching): KONG WING ON; 2nd Defendant (executor of the Estate of Kong Wing Hong): LI KA SING; 3rd Defendant: ON HONG NING DRUG COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2017
Case Number
HCMP2045/2012
Procedural Posture
Administration Action (taking of Account) / Hearing on Taking of Account Before Master (decision)
Outcome
Master's rulings on taking of account: exclude yard, value Jordan Property as basement/ground combined and first floor separate, apply no repair deduction, direct parties to agree rental figures and submit draft order within 28 days; costs order nisi made.
Legal Topics
Taking of Account, Breach of Fiduciary Duty, Removal of Executor, Mesne Profits, Valuation of Rental Income, Scope of Judicial Order, Costs
Source Language
EN
Probate and Administration Trusts and Fiduciary Obligations Equity Property Law Valuation Civil Procedure Taking of Account Breach of Fiduciary Duty +5 more

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Parties

KONG COLIN CHUNG PING

1st Plaintiff

KONG JOANIE CHUN-MUN

2nd Plaintiff

KONG WING ON

1st Defendant (defended by Guardian Ad Litem Moy Nui Ching)

LI KA SING

2nd Defendant (executor of the Estate of Kong Wing Hong)

ON HONG NING DRUG COMPANY LIMITED

3rd Defendant

Procedural Posture

Administration Action (taking of Account) / Hearing on Taking of Account Before Master (decision)

Legal Issues

  1. 1 Scope of the taking of account under the Judge's order (whether ordinary accounting or limited to 50% of market rent)
  2. 2 Whether the yard area should be included in rent assessment
  3. 3 Whether the Jordan Property should be valued as a single unit or as basement/ground combined and first floor separate

Ratio Decidendi

The master must perform the taking of account strictly within the Judge's order requiring an account for 50% of market rental of the two properties; the yard is excluded because it is not estate property, the Jordan Property must be valued as basement/ground combined (shop) and first floor separately (office), no repair deduction is applied for the purposes of this exercise, and the master will not determine additional breaches of duty to repair beyond the Judge's remit; parties must agree rental figures and submit a draft order within 28 days.

Court Disposition

Master's rulings on taking of account: exclude yard, value Jordan Property as basement/ground combined and first floor separate, apply no repair deduction, direct parties to agree rental figures and submit draft order within 28 days; costs order nisi made.

Orders

  • The yard is excluded from the taking of account
  • The Jordan Property to be valued as basement/ground combined as one shop and first floor separately as an office