17 May 2016
WAN PO JUN MARY PAULINE v. AU YEUNG YEE MAN representative of the estate of AU YEUNG WING HONG
- Citation
- WAN PO JUN MARY PAULINE v. AU YEUNG YEE MAN representative of the estate of AU YEUNG WING HONG
- Court
- Court of First Instance
- Case number
- HCA1478/2009
The plaintiff’s pleaded defence depended on a beneficial interest in the Property which, on the bankruptcy order, vested in the trustees and has not been assigned or released to the plaintiff; because the pleaded personal right to occupy derives immediately from that beneficial interest, the plaintiff has no reasonable defence to the defendant’s counterclaim for vacant possession and the Defence to Counterclaim is plainly and obviously liable to be struck out; accordingly judgment entered for the defendant on the counterclaim.