19 Jan 2022
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
- Citation
- [2022] HKCA 101
- Court
- Court of Appeal
- Case number
- CACV270/2019
The appeal is dismissed because the Judge correctly applied summary judgment principles: Plaintiffs established a prima facie entitlement to sell under s54 PAO and the Defendant failed to demonstrate any triable issues or adduce evidential basis for equitable ownership, estoppel, or an imminent collective sale; the New Evidence application failed the Ladd v Marshall test; summary judgment and consequential orders for vacant possession and sale are therefore affirmed.