YU WING CHEONG alias YU JOSEPH WING CHEONG, Executor substituted named in the Will of YAU SIN WAH alias YAU KAM LAN (“Deceased”) AND ANOTHER v. YU WING YIN

YU WING CHEONG alias YU JOSEPH WING CHEONG, Executor substituted named in the Will of YAU SIN WAH alias YAU KAM LAN (“Deceased”) AND ANOTHER v. YU WING YIN

Defendant failed to adduce any evidence raising a triable issue that he has an equitable proprietary interest or estoppel preventing vacant possession or sale; the executor may exercise s54 PAO to sell the Property subject to payment of the land premium and administrative costs, and summary judgment ordering vacant possession and sale is appropriate.

Citation
[2019] HKCFI 1304
Parties
1st Plaintiff: YU WING CHEONG alias YU JOSEPH WING CHEONG; 2nd Plaintiff: YU WING KIT; Defendant: YU WING YIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2019
Case Number
HCMP2089/2017
Procedural Posture
Estate Administration Vacant Possession and Sale / Order 14 Summary Judgment Application
Outcome
Summary judgment granted in favour of the plaintiffs
Legal Topics
Order 14 Summary Judgment, Vacant Possession, Sale of Estate Property, Executor's Power of Sale (s54 Pao), Equitable Interest/constructive Trust, Proprietary Estoppel, Collective Sale/redevelopment
Source Language
EN
Property Law Probate Law Equity Civil Procedure Order 14 Summary Judgment Vacant Possession Sale of Estate Property Executor's Power of Sale (s54 Pao) +3 more

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Parties

YU WING CHEONG alias YU JOSEPH WING CHEONG

1st Plaintiff

YU WING KIT

2nd Plaintiff

YU WING YIN

Defendant

Procedural Posture

Estate Administration Vacant Possession and Sale / Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant has a triable equitable interest in the Property
  2. 2 Whether the executor can exercise the statutory power of sale under s54 PAO given alienation restrictions
  3. 3 Whether the defendant can defeat vacant possession by estoppel or other equitable defences

Ratio Decidendi

Defendant failed to adduce any evidence raising a triable issue that he has an equitable proprietary interest or estoppel preventing vacant possession or sale; the executor may exercise s54 PAO to sell the Property subject to payment of the land premium and administrative costs, and summary judgment ordering vacant possession and sale is appropriate.

Court Disposition

Summary judgment granted in favour of the plaintiffs

Orders

  • Defendant to leave, vacate and deliver up vacant possession of the Property to the plaintiffs within 12 weeks from the date of judgment
  • The Property to be sold with vacant possession at market price