Hong Kong Case Law: Decisions & Judgments

Topic

Personal representative liability

Legal area

Court

5 Jul 2016

TANG YING IP AND OTHERS v. TANG YING LOI

Citation

TANG YING IP AND OTHERS v. TANG YING LOI
Court

Court of Final Appeal
Case number

FAMV17/2016

Leave to appeal was granted because the questions about the proper legal test for proving causal connection between a personal representative's breach of fiduciary duty and profits recoverable by account of profits, and the relevance of the specified factual matters, raise points of great general or public importance requiring authoritative determination by the full appeal.
16 Mar 2016

TANG YING LOI v. TANG YING IP alias TANG YING YIP AND OTHERS

Citation

TANG YING LOI v. TANG YING IP alias TANG YING YIP AND OTHERS
Court

Court of Appeal
Case number

CACV36/2015

The application for leave was refused because the questions advanced are fact‑specific applications of well‑established principles on causal connection in breach of trust; they do not raise matters of great general or public importance warranting consideration by the Court of Final Appeal. Issues such as the trustee's ability to use personal funds, antecedent acquisition and repayment are evidence questions relevant to the application of the 'but for' principle, not discrete legal points of broad significance.
26 Feb 2016

LEUNG CHUNG CHING EDWIN AND ANOTHER v. THE ESTATE OF LEUNG ON MEI AMY, DECEASED AND ANOTHER

Citation

LEUNG CHUNG CHING EDWIN AND ANOTHER v. THE ESTATE OF LEUNG ON MEI AMY, DECEASED AND ANOTHER
Court

Court of First Instance
Case number

HCMP2033/2012

The court held that the estate should not bear the plaintiffs' costs because the litigation was inevitable given the plaintiffs' conduct, but Henry personally conducted and defended the action beyond what was necessary and unreasonably protracted the proceedings; accordingly Henry was joined for costs and ordered to pay 20% of the plaintiffs' costs (to be taxed if not agreed), while no costs were ordered against the estate and each party bears their own costs of the summonses.
31 Jul 2013

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS

Citation

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS
Court

Court of First Instance
Case number

HCMP628/2012

The court held that while the mortgage appears long since time-barred under s19 of the Limitation Ordinance, the plaintiffs failed to prove that Yau Chun Wing was a trustee of FLK or that any trusteeship continued such that the defendant could be held liable; the defendant held only a limited letters of administration de bonis non and had neither been appointed nor accepted trusteeship so O.15 r RHC and Trustee Ordinance s20(2) did not make him liable; consequently the plaintiffs' claims against the defendant were dismissed.
2 Oct 2009

CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR

Citation

CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR
Court

District Court
Case number

DCCJ2133/2007

The judge found Mr Mok acted unreasonably in the conduct of the defence, unnecessarily increasing costs; under Order 62 r6(2) and s53(1) the Court exercised its discretion to order that Mr Mok pay the plaintiff's costs but may only recover 50% from the estate, with the remaining 50% to be borne personally, and that 50% of the trial costs be taxed on an indemnity basis.
27 Jun 2003

MA YU WO v. The Personal Representative of MA WING FUNG Deceased

Citation

MA YU WO v. The Personal Representative of MA WING FUNG Deceased
Court

District Court
Case number

DCCJ5248/2002

The court accepted the plaintiff's credible evidence on the balance of probabilities, found the loans of $300,000 proved and unpaid, and held the defendant personal representative liable; awarded interest at 2% per month from 11/12/2001 until judgment and thereafter at the judgment rate.

Hong Kong Case Law

TANG YING IP AND OTHERS v. TANG YING LOI

TANG YING LOI v. TANG YING IP alias TANG YING YIP AND OTHERS

LEUNG CHUNG CHING EDWIN AND ANOTHER v. THE ESTATE OF LEUNG ON MEI AMY, DECEASED AND ANOTHER

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS

CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR

MA YU WO v. The Personal Representative of MA WING FUNG Deceased