TSANG WOON MING v. TSAN HING TAT HEIDI AND OTHERS

TSANG WOON MING v. TSAN HING TAT HEIDI AND OTHERS

The proprietary estoppel claim, as pleaded, is not unarguably bad and should not be struck out; given the long continuous occupation, alleged open and notorious works, familial relationships and pleaded facts the court cannot conclusively say constructive or actual knowledge by the defendants and/or their predecessors (including Luk) is impossible to establish, and the trustee/beneficiary legal issue should be resolved on full facts at trial.

Citation
[2018] HKDC 845
Parties
Plaintiff: TSANG WOON MING; 1st Defendant: TSAN HING TAT HEIDI; 2nd Defendant: TSANG HING KWONG THOMAS; 3rd Defendant: YAP HENRY FAT SUAN; 4th Defendant: YAP HENRIETTA CHUN WAH; 5th Defendant: YAP JASON CHUN YING; 6th Defendant: YAP CHUN HUNG ALEXANDER
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 July 2018
Case Number
DCCJ3791/2016
Procedural Posture
Civil Action (adverse Possession and Proprietary Estoppel) / Interlocutory (striking Out Application Under Order 18 R19) on Appeal From Master's Dismissal
Outcome
Defendants' appeal dismissed; striking-out application refused
Legal Topics
Adverse Possession, Proprietary Estoppel, Unjust Enrichment, Striking Out, Acquiescence, Constructive Knowledge
Source Language
EN
Property Law Equity Civil Procedure Trusts Adverse Possession Proprietary Estoppel Unjust Enrichment Striking Out +2 more

Case Brief

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Parties

TSANG WOON MING

Plaintiff

TSAN HING TAT HEIDI

1st Defendant

TSANG HING KWONG THOMAS

2nd Defendant

YAP HENRY FAT SUAN

3rd Defendant

YAP HENRIETTA CHUN WAH

4th Defendant

YAP JASON CHUN YING

5th Defendant

YAP CHUN HUNG ALEXANDER

6th Defendant

Procedural Posture

Civil Action (adverse Possession and Proprietary Estoppel) / Interlocutory (striking Out Application Under Order 18 R19) on Appeal From Master's Dismissal

Legal Issues

  1. 1 Whether the pleaded proprietary estoppel claim is arguable or unarguably bad such that it should be struck out
  2. 2 Whether the particulars of knowledge (actual or constructive) pleaded are sufficient to found an estoppel by acquiescence
  3. 3 Whether knowledge of a trustee alone can bind beneficiaries who later become legal owners

Ratio Decidendi

The proprietary estoppel claim, as pleaded, is not unarguably bad and should not be struck out; given the long continuous occupation, alleged open and notorious works, familial relationships and pleaded facts the court cannot conclusively say constructive or actual knowledge by the defendants and/or their predecessors (including Luk) is impossible to establish, and the trustee/beneficiary legal issue should be resolved on full facts at trial.

Court Disposition

Defendants' appeal dismissed; striking-out application refused

Orders

  • Order nisi that the defendants pay the plaintiff's costs of the appeal, including any reserved costs, with certificate for counsel, to be taxed if not agreed
  • Plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations