WONG WING AND ANOTHR v. TANG PUI WING

WONG WING AND ANOTHR v. TANG PUI WING

The deed of gift was unconditional; there was no proved oral agreement to give the rental income to the donor and no estoppel arose from the conduct of the other assignees; accordingly the defendant, as collector of rent, must account to the plaintiffs for rents from 6 June 1978 subject to deduction of proper outgoings.

Citation
WONG WING AND ANOTHR v. TANG PUI WING
Parties
1st Plaintiff: WONG WING; 2nd Plaintiff: WONG PAK CHUEN; Defendant: TANG PUI WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 1986
Case Number
HCA1655/1985
Procedural Posture
Property Law Gift/assignment / Judgment
Outcome
Judgment for plaintiffs
Legal Topics
Assignment by Way of Gift, Rent Accounting, Oral Agreement, Estoppel, Tenants in Common
Source Language
EN
Property Law Equity Estoppel Trusts and Estates Assignment by Way of Gift Rent Accounting Oral Agreement Tenants in Common

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Parties

WONG WING

1st Plaintiff

WONG PAK CHUEN

2nd Plaintiff

TANG PUI WING

Defendant

Procedural Posture

Property Law Gift/assignment / Judgment

Legal Issues

  1. 1 Whether the assignment was absolute or conditional on the donor continuing to receive rental income
  2. 2 Whether the assignees orally agreed to give rental income to the assignor during her lifetime
  3. 3 Whether the assignee responsible for collection was dutybound to account to the other assignees

Ratio Decidendi

The deed of gift was unconditional; there was no proved oral agreement to give the rental income to the donor and no estoppel arose from the conduct of the other assignees; accordingly the defendant, as collector of rent, must account to the plaintiffs for rents from 6 June 1978 subject to deduction of proper outgoings.

Court Disposition

Judgment for plaintiffs

Orders

  • Defendant to account to the plaintiffs for all rent and other monies received or collected in respect of 506 Nathan Road from 6 June 1978
  • The account shall itemise all proper outgoings, disbursements and other deductions in respect of the Nathan Road premises