Kwan Yung Sau Mui Mary (The Administratrix Of The Estates Of Yung Pak Tat, Deceased And Chen Voon Lan, Deceased) v Yung Kwok Wah Dave

Judgment Cited in Precedent Map Related
CourtCourt of First Instance (Hong Kong)
Judgment Date04 June 2020
Neutral Citation[2020] HKCFI 989
Judgment NumberHCA2832/2018
Year2020
Copyright noteJudgment sourced from the Hong Kong Judiciary/Hong Kong Special Administrative Region Government.
Subject MatterCivil Action
HCA2832/2018 KWAN YUNG SAU MUI MARY (the administratrix of the estates of Yung Pak Tat, deceased and Chen Voon Lan, deceased) v. YUNG KWOK WAH DAVE

HCA 2832/2018

[2020] HKCFI 989

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2832 OF 2018

____________

BETWEEN
KWAN YUNG SAU MUI MARY
(the administratrix of the estates of Yung Pak Tat, deceased and Chen Voon Lan, deceased)		 Plaintiff
and
YUNG KWOK WAH DAVE Defendant

____________

Before: Mr Recorder Houghton, SC in Chambers

Date of Hearing: 7 May 2020

Date of Decision: 4 June 2020

_______________

D E C I S I O N

_______________

1. The application before the Court is a “strike out” summons brought by the plaintiff by which the plaintiff seeks to strike out both the defence and the counterclaim of the defendant, relying on O 18 r 9(1)(a), and contending, that there is no reasonable cause of action or defence disclosed.

Background

2. The dispute between the parties concerns two properties which were owned by the parents of the parties to this litigation. The (now deceased) father (“Father”) owned one property (“Wise Mansion”) and the now deceased mother (“Mother”) owned the other (“Mercer Street”). The parents executed wills in 1976 by which each left their assets, including these properties, to the other.

3. Mother passed away in July 2003 and Father in June 2008. No grant of representation was taken out between the date of Mother’s death and Father’s death in respect of Mother’s estate but the plaintiff was granted letters of administration in respect of Father’s estate in December 2010, and in respect of the Mother’s estate in July 2011. The plaintiff is therefore the administratrix of both Mother’s and Father’s estates.

4. The defendant is in residential occupation of the Wise Mansion flat, which he says has been his home for 45 years, living there with his wife and son. He is also in possession of the keys and title deeds for the Mercer Street property. Since 2015 the plaintiff, who is his sister, has been seeking the deeds and vacant possession of both properties in her capacity as the administratrix of both estates.

5. The defendant’s defence is, in summary, that he is entitled to remain in possession of both properties. He says that Father represented to him and the other siblings that the properties were to pass to the defendant on his demise, and he gave the title deeds and keys to the defendant. Since March 1999 the defendant has, he says, treated the properties as if they were his own.

6. He has, he says, expended money on the properties, both by way of regular expenditure, and for necessary maintenance and improvements. His occupation of the properties has, since May 2002, been exclusive, following the move by Mother and Father into...

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