LAM CHUNG PING AND OTHERS v. CHAN YUET KUEN AND ANOTHER

LAM CHUNG PING AND OTHERS v. CHAN YUET KUEN AND ANOTHER

Plaintiffs are entitled to judgment because the Will and registered assent vested legal and beneficial ownership in plaintiffs; any licence or claim by the 1st Defendant was revoked by the eviction notice served in the deceased's lifetime and the handwritten Note did not establish a legally cognisable life or beneficial interest (and in any event would be revoked by the subsequent will); the Form A in the divorce proceedings cannot create subsisting ancillary relief after the death of the spouse; the 1st Defendant failed to plead or prove any viable legal claim; accordingly plaintiffs are entitled to vacant possession, mesne profits, removal of the Form A and costs on an indemnity basis.

Citation
[2025] HKDC 552
Parties
1st Plaintiff: Lam Chung Ping; 2nd Plaintiff: Lam Yin Suen; 3rd Plaintiff: Lam Chung Ping and Lam Yin Suen (as Executor and Executrix of the Estate of Fok Kam Fai, Deceased); 1st Defendant: Chan Yuet Kuen; 2nd Defendant: All Persons in Occupation of Office B on the 1st Floor, No.167 Queen's Road West, Hong Kong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 March 2025
Case Number
DCCJ2203/2023
Procedural Posture
Claim for Vacant Possession, Trespass and Mesne Profits Following Probate/land Dispute / Judgment (district Court)
Outcome
Final judgment for plaintiffs; counterclaim by 1st Defendant dismissed
Legal Topics
Vacant Possession, Mesne Profits, Form a (ancillary Relief), Eviction/licence, Pleading and Litigation Conduct, Indemnity Costs
Source Language
EN
Land Law Family Law Probate and Succession Civil Procedure Costs and Costs Practice Vacant Possession Mesne Profits Form a (ancillary Relief) +3 more

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Parties

Lam Chung Ping

1st Plaintiff

Lam Yin Suen

2nd Plaintiff

Lam Chung Ping and Lam Yin Suen (as Executor and Executrix of the Estate of Fok Kam Fai, Deceased)

3rd Plaintiff

Chan Yuet Kuen

1st Defendant

All Persons in Occupation of Office B on the 1st Floor, No.167 Queen's Road West, Hong Kong

2nd Defendant

Procedural Posture

Claim for Vacant Possession, Trespass and Mesne Profits Following Probate/land Dispute / Judgment (district Court)

Legal Issues

  1. 1 Whether the 1st Defendant retained any legal or equitable interest in the Property after service of the deceased's eviction notice during his lifetime
  2. 2 Whether the plaintiffs are entitled to vacant possession and supplementary reliefs including mesne profits, injunction and removal of Form A
  3. 3 Validity and effect of the handwritten Note and the Form A filed in family proceedings after the deceased's death

Ratio Decidendi

Plaintiffs are entitled to judgment because the Will and registered assent vested legal and beneficial ownership in plaintiffs; any licence or claim by the 1st Defendant was revoked by the eviction notice served in the deceased's lifetime and the handwritten Note did not establish a legally cognisable life or beneficial interest (and in any event would be revoked by the subsequent will); the Form A in the divorce proceedings cannot create subsisting ancillary relief after the death of the spouse; the 1st Defendant failed to plead or prove any viable legal claim; accordingly plaintiffs are entitled to vacant possession, mesne profits, removal of the Form A and costs on an indemnity basis.

Court Disposition

Final judgment for plaintiffs; counterclaim by 1st Defendant dismissed

Orders

  • Each of the defendants shall deliver vacant possession of Office B on the 1st Floor, No.167 Queen's Road West, Hong Kong to the plaintiffs by 4:30 pm on 25 April 2025 at the latest
  • Each of the defendants is permanently prohibited, by themselves or via any agent, from entering or staying in any part of the Property from 4:30 pm on 25 April 2025 onwards