30 Nov 2023
SO KWONG YIN AND ANOTHER v. SO KONG PO, THE PERSON APPOINTED TO REPRESENT THE ESTATE OF SO FAT, DECEASED AND ANOTHER
- Citation
- [2023] HKDC 1698
- Court
- District Court
- Case number
- DCMP663/2022
The court found a fundamental common mistake existed: the deceased and plaintiffs wrongly believed the deed would have no adverse effect under the Land Grant (clause 5(i)(b)); that mistake was induced and exacerbated by negligent legal advice, made the deed's performance essentially and radically different from the parties' assumption, and therefore the court exercised its equitable discretion to rescind the deed, declare it void ab initio and treat the land as part of the deceased's estate.