24 Feb 2015
KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS
- Citation
- KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2045/2012
The 1st defendant, while executor, occupied estate property under a mistaken basis that tenancy agreements granted exclusive occupation and thereby placed himself in conflict with the estate; none of his defences (coownership rights, estoppel, honest belief) discharged his fiduciary obligation to the estate and relief under s60 was not justified, therefore he must account to the estate for 50% of market rent from date of death; vacancies did not establish breach of duty; Windsor Park expenses treated as estate expenses and defendant's personal claim rejected.