Hong Kong Case Law: Decisions & Judgments

Topic

Executor de son tort

Legal area

Court

17 Mar 2025

KAN SAU LAN, the Administratrix of the Estate of TSANG MA MING, deceased v. XU HONG

Citation

[2025] HKCFI 1161
Court

Court of First Instance
Case number

HCA1958/2021

The court found there was a serious issue to be tried and a real risk that damages would be inadequate given the Defendant's undisclosed financial position; accordingly a preservation order/proprietary injunction was justified. The court limited retrospective accounting as oppressive and fixed the retrospective cut‑off at 14 August 2017 while preserving prospective rental income arising after 14 August 2024 pending trial.
11 Sept 2023

LAM MAY POR v. THE ESTATE OF CHAN CHING WOON, DECEASED

Citation

[2023] HKDC 1219
Court

District Court
Case number

DCMP1484/2021

On uncontradicted evidence plaintiff proved continuous factual possession and intent to possess from mid-1998, and having possessed the Property for at least 12 years before commencement of proceedings, sections 7 and 17 of the Limitation Ordinance extinguished the defendant’s title and conferred an indefeasible possessory title on the plaintiff; procedural objections regarding notification of the Official Administrator or bona vacantia were immaterial where Government/DoJ declined to claim and no evidence supported executor de son tort.
20 Aug 2021

LAW YUK FONG v. PERFECT WIN DEVELOPMENT LTD AND OTHERS

Citation

[2021] HKCFI 2434
Court

Court of First Instance
Case number

HCA2695/2015

The plaintiff failed to discharge the high burden to prove non‑payment of rent from on or before 8 March 1996 and failed to prove both animus possidendi and exclusive possession of Lot 736 CEF for the requisite 20 years; moreover the evidence establishes an oral variation (grave sweeping in lieu of rent) creating a continuing tenancy. Therefore adverse possession was not made out and the defendants' counterclaims for possession succeed; only nominal mesne profits awarded.
27 Apr 2021

TO KIT SHEUNG, the sole administrator of the estate of TO SHAK also known as TO SHEK WAN and also known as SHICK DOO, deceased AND ANOTHER v. CHAN SHOOK FUNG NANCY AND ANOTHER

Citation

[2021] HKCFI 1156
Court

Court of First Instance
Case number

HCA2340/2019

The strike-out application failed because the defendants' pleaded defences were not plainly unsustainable: the family arrangement as pleaded concerned proceeds (money) not land so CPO s3 did not necessarily invalidate it, consideration was pleaded, whether the sister was a fiduciary or trustee depended on disputed factual issues (scope of agency and operation of joint accounts) inappropriate for summary disposal, and limitation issues depended on whether a trust existed, therefore the Defence could not be struck out under O18 r19(1)(a).
4 Jun 2020

KWAN YUNG SAU MUI MARY (the administratrix of the estates of Yung Pak Tat, deceased and Chen Voon Lan, deceased) v. YUNG KWOK WAH DAVE

Citation

[2020] HKCFI 989
Court

Court of First Instance
Case number

HCA2832/2018

The strike out application was dismissed because the proprietary estoppel defence raised fact-sensitive issues about representation, reliance and detriment that are not amenable to summary determination under O.18 r.9; consequently the matter must proceed to trial. The court declined to determine the adverse possession argument on the strike out application.
21 Nov 2017

YU KING CHAU alias YUE KING CHOW v. The Personal Representatives of the estate of FONG FU FOON alias FONG FOO FON

Citation

YU KING CHAU alias YUE KING CHOW v. The Personal Representatives of the estate of FONG FU FOON alias FONG FOO FON
Court

Court of First Instance
Case number

HCA1438/2011

Plaintiff failed to prove on the balance of probabilities that he had the requisite factual possession and unequivocal intention to exclude the true owners, so adverse possession was not established; by intermeddling with estate property and collecting rents without authority and without accounting, plaintiff was an executor de son tort and, in respect of Flats 7B and 7C, a constructive trustee; defendants were entitled to vacant possession of Flats 7B and 7C, an account of profits from the Building since 1981, delivery up of the Building's title deeds and costs on a party-and-party basis.
11 Sept 2013

GAO WEI BING v. NANYANG COMMERCIAL BANK TRUSTEE LTD AND OTHERS

Citation

GAO WEI BING v. NANYANG COMMERCIAL BANK TRUSTEE LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2125/2007

The court accepted expert evidence that ROC law governed at death and PRC law governed administration in 2003, found no evidential basis for the alleged 1941 family division, held the 3rd and 4th defendants are entitled to 25% and 3.57% respectively of the Shares and dividends, and held the plaintiff was an executor de son tort/constructive trustee so limitation did not bar recovery; accordingly declarations and monetary awards for specified dividend amounts were entered for the defendants.
13 Apr 2007

KENNETH HOI WAH SIT v. LAU YAU SANG & LEUNG SAU YING t/a ME & GEORGE FASHION IMPORT SHOP AND ANOTHER

Citation

KENNETH HOI WAH SIT v. LAU YAU SANG & LEUNG SAU YING t/a ME & GEORGE FASHION IMPORT SHOP AND ANOTHER
Court

Court of First Instance
Case number

HCA31/2006

The acts of the purported administrator (Frank Wong) did not bind the lawful administrator because the licence was not for the benefit of the estate and the lawful administrator (Mr Sit) was entitled to refuse ratification; therefore there was no arguable defence and no triable issue and the Master's interlocutory judgment awarding damages was upheld.
18 Jan 1996

YUE LING CHI, DORIS v. YU KIN SHIU and Others

Citation

YUE LING CHI, DORIS v. YU KIN SHIU and Others
Court

Court of First Instance
Case number

HCA5643/1991

Because the defendants pleaded payment, set-off and settlement yet failed to produce or properly identify the documents underlying those pleas, and because discovery obligations extend to documents previously or currently in the possession or control of any defendant (including identical requests to multiple defendants), the plaintiff was entitled to orders for further and better discovery and for particulars; particulars must be given within a set time and costs ordered to follow the event.
18 Jan 1996

YUE LING CHI, DORIS v. YU PAI YUK and Others

Citation

YUE LING CHI, DORIS v. YU PAI YUK and Others
Court

Court of First Instance
Case number

HCA2704/1986

The court held that the plaintiff was entitled to the discovery she sought from both Madam Yu and the sons and to further particulars from Madam Yu; the sons must file a further and better list of documents verified by affidavit and Madam Yu must supply particulars within 14 days; costs to follow the event with an order nisi that defendants pay the plaintiff's costs and a certificate for counsel was granted.