KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS

The tenancy agreements were void and unenforceable because at the testator's death they lacked an ascertainable commencement date and therefore were incomplete agreements that could not be validated by the defendant's unilateral posthumous insertion of a commencement date; the documents did not satisfy CPO s3/s4 and evidence to imply the missing term was inadmissible or insufficient; the Chan affirmation was not admitted and joint privilege was not established.

Citation
KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS
Parties
1st Plaintiff: KONG COLIN CHUNG PING; 2nd Plaintiff: KONG JOANIE CHUN-MUN; 1st Defendant: KONG WING ON; 2nd Defendant (executor): LI KA SING; 3rd Defendant: ON HONG NING DRUG COMPANY, LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2014
Case Number
HCMP2045/2012
Procedural Posture
Probate/estate Originating Summons (removal of Executor; Declaratory Relief) / Judgment
Outcome
Declaration granted that the tenancy agreements exhibited as KWO-7 are invalid, void and unenforceable; Chan affirmation not admitted; costs order nisi in favour of the plaintiffs and the Executor.
Legal Topics
Tenancy Agreements, Conveyancing and Property Ordinance S3 and S4, Statute of Frauds, Implied Terms and Contractual Interpretation, Legal Professional Privilege (joint/common Interest), Admissibility of Pre Contractual Negotiations, Declaration and Costs
Source Language
EN
Probate and Estates Property Law Contract Law Civil Procedure Evidence Professional Privilege Tenancy Agreements Conveyancing and Property Ordinance S3 and S4 +5 more

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Parties

KONG COLIN CHUNG PING

1st Plaintiff

KONG JOANIE CHUN-MUN

2nd Plaintiff

KONG WING ON

1st Defendant

LI KA SING

2nd Defendant (executor)

ON HONG NING DRUG COMPANY, LIMITED

3rd Defendant

Procedural Posture

Probate/estate Originating Summons (removal of Executor; Declaratory Relief) / Judgment

Legal Issues

  1. 1 Are the tenancy agreements valid and enforceable?
  2. 2 Did the tenancy agreements comply with CPO s4 (requirement of deed)?
  3. 3 Was there a sufficient memorandum under CPO s3/Statute of Frauds?

Ratio Decidendi

The tenancy agreements were void and unenforceable because at the testator's death they lacked an ascertainable commencement date and therefore were incomplete agreements that could not be validated by the defendant's unilateral posthumous insertion of a commencement date; the documents did not satisfy CPO s3/s4 and evidence to imply the missing term was inadmissible or insufficient; the Chan affirmation was not admitted and joint privilege was not established.

Court Disposition

Declaration granted that the tenancy agreements exhibited as KWO-7 are invalid, void and unenforceable; Chan affirmation not admitted; costs order nisi in favour of the plaintiffs and the Executor.

Orders

  • Declaration that the tenancy agreements exhibited as KWO-7 are invalid, void and unenforceable
  • The Chan affirmation dated 24 December 2013 is not admitted into evidence