ZHANG XINQIANG v. CHEUNG SHUI CHEUNG

ZHANG XINQIANG v. CHEUNG SHUI CHEUNG

On the balance of probabilities the Court found that the Cheung Yau referred to in the 1950 and 1963 memorials was the plaintiff's late father (not the defendant's late father), therefore the defendant's deceased had no beneficial interest in the Properties; declarations were granted in favour of Zhang, the Registration was ordered vacated, the Probate was not revoked and the defendant's counterclaim was dismissed.

Citation
ZHANG XINQIANG v. CHEUNG SHUI CHEUNG
Parties
Plaintiff: Zhang; Defendant (executor): SC Cheung; Estate/decedent: Estate of D's late father
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2017
Case Number
HCAP8/2013
Procedural Posture
Probate and Property Dispute (declaration of Ownership, Revocation of Probate, Vacating Registration) / Judgment (trial)
Outcome
Judgment for plaintiff (Zhang): declarations granted that the Properties belonged to the plaintiff's late father and did not belong to the defendant's late father; registration vacated; probate not revoked; defendant's counterclaim dismissed; costs awarded to plaintiff.
Legal Topics
Declaration of Ownership, Revocation of Probate, Vacating Land Registry Memorial, Slander of Title / Counterclaim, Identity and Aliases in Title Disputes
Source Language
EN
Probate Property / Land Law Equity Declaration of Ownership Revocation of Probate Vacating Land Registry Memorial Slander of Title / Counterclaim Identity and Aliases in Title Disputes

Case Brief

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Parties

Zhang

Plaintiff

SC Cheung

Defendant (executor)

Estate of D's late father

Estate/decedent

Procedural Posture

Probate and Property Dispute (declaration of Ownership, Revocation of Probate, Vacating Registration) / Judgment (trial)

Legal Issues

  1. 1 Whether the Cheung Yau named in the 1950 and 1963 memorials was the plaintiff's late father or the defendant's late father
  2. 2 Whether the Properties belonged to the estate of the plaintiff's late father or the defendant's late father
  3. 3 Whether the Probate should be revoked

Ratio Decidendi

On the balance of probabilities the Court found that the Cheung Yau referred to in the 1950 and 1963 memorials was the plaintiff's late father (not the defendant's late father), therefore the defendant's deceased had no beneficial interest in the Properties; declarations were granted in favour of Zhang, the Registration was ordered vacated, the Probate was not revoked and the defendant's counterclaim was dismissed.

Court Disposition

Judgment for plaintiff (Zhang): declarations granted that the Properties belonged to the plaintiff's late father and did not belong to the defendant's late father; registration vacated; probate not revoked; defendant's counterclaim dismissed; costs awarded to plaintiff.

Orders

  • Declare that the Properties at all material times belonged to the estate of the plaintiff's late father
  • Declare that the Properties at all material times did not belong to the estate of D's late father