29 Nov 2024
YAN MEI and YAN DONG the Joint and Several Administrators of the Estate of FONG LAP CHUNG GEORGE, Deceased AND ANOTHER v. FONG LAP SHAN
- Citation
- [2024] HKCFI 3464
- Court
- Court of First Instance
- Case number
- HCA104/2023
Master Wu held that the preconditions of O 29 r 12(b) were satisfied in part: plaintiffs' claim included possession and, on the provisional view, plaintiffs would remain liable for mortgage repayments and rates/government rent during the action. The Court rejected the plaintiffs' contention that there was a surplus after accounting for HSBC deductions because specific debits and earlier months excluded by plaintiffs were unsupported; therefore ordered specified interim payments: lump sum HKD 95,983 for mortgage shortfall; periodic monthly payments of HKD 45,000 to cover ongoing mortgage repay…