13 Apr 2007
TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
- Citation
- TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA331/2002
Court held that mesne profit/rental income used for the 2002 Pai-ji is 'land' under the NTO and governed by Chinese customary law and tong custom requiring unanimous consent; compensation from compulsory acquisition is governed by Hong Kong law and not by s13(1); the 1982 Agreement is unenforceable insofar as it binds an unborn member and was voidable for duress (and effectively avoided), so defendants' counterclaim fails; the 2002 Pai-ji was unlawful and defendants (1st, 3rd and 4th) are jointly liable to repay $201,000 with interest.