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Samuel Lee Tak Yee v Chen Park Kuen And Others

Judgment Cited in 43 Precedent Map Related
Vincent
Judgment Date21 February 2001
Year2001
Citation[2001] 1 HKLRD 401
Judgement NumberCACV324/2000
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV000324/2000 SAMUEL LEE TAK YEE v. CHEN PARK KUEN AND OTHERS

CACV000324/2000

CACV 324/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 324 OF 2000

(ON APPEAL FROM HCA NO. 9928 OF 1996)

BETWEEN
SAMUEL LEE TAK YEE (also known as SAMUEL TAK LEE and as LI TAK YEE SAMUEL) Plaintiff
AND
CHEN PARK KUEN 1st Defendant
LEE TAK YAN 2nd Defendant
LEE WING KIM 3rd Defendant

Coram: Hon Rogers VP, Le Pichon JA in Court

Date of Hearing: 21 February 2001

Date of Judgment: 21 February 2001

__________________

J U D G M E N T

__________________

Hon Rogers VP:

1. This is an appeal from a decision of Deputy Judge Chu (as she then was) given on 4 July 2000. The matter arose in this way: The action with which this appeal is concerned was set down for trial to commence on 3 July. The first two days were taken up with, among other matters, an application for an adjournment.

2. There is a very long history to this case and I do not propose to set it out in any great detail, save to say this. It began with two gentlemen, H Y Lee and H T Lee, back in the early part of the last century and they set up various companies. One of them was HY and HT Lee Brothers & Company Limited and that was subject to winding up proceedings which were heard by Le Pichon J (as she then was) in 1999. H Y Lee had a son, M W Lee, and he married a lady called Lee Ng Chan Wa. They had 6 children, one of whom is the plaintiff in this case and two of them are defendants in this case.

3. This case in its narrowest form concerns a hundred shares in a company called The Prudential Enterprise Limited. One of the questions is how that shareholding arose. The hundred shares were in the name of the deceased wife of the 1st defendant. The deceased wife was the 3rd child of M W Lee and Lee Ng Chan Wa. She died in 1970. One of the questions which is going to arise in this case is how it came about that the shares were in her name and where they came from. There is a dispute between the parties as to how that happened, whether they came from the father, M W Lee or whether they came from the mother; whether they formed part of the mother's estate, or whether they in fact came from the father and were in effect advancements, the monies to subscribe for and pay for the shares actually coming from other family companies.

4. This case in itself has had a very chequered history. The plaintiff in this case was only made the plaintiff by an order of Beeson J. That was an order to which the 2nd and 3rd defendants consented following a Beddoe application which had been heard by Yam J. The 1st defendant objected to the order. One of the difficulties of the plaintiff's case can be seen immediately because he pleads his case on the basis that as well as being a specific legatee under the will of Madam Lee Ng Chan Wa he would have some interest in the shares if they belonged to the mother's estate. He is not the executor and the question which will arise is whether he has a locus. Determination of this and other issues arising in this case in a way which will bind the estate is complicated by the fact that there are a number of other actions which are outstanding.

5. In 1992, the plaintiff in this action filed a caveat in respect of the probate of his mother's will. Proceedings in relation to the caveat were thereafter started in 1995 and these have been called the caveat proceedings. There is...

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43 cases
  • Mimi Kar Kee Wong Hung v Severn Villa Ltd And Others
    • Hong Kong
    • High Court (Hong Kong)
    • 12 January 2012
    ...Yuen Ki Winnie & Anr. V. Ho Hung Sun Stanley & Anr., HCMP 1009/2009, 24 August 2009, para. 22 [17] Lee Tak Yee v. Chen Park Kuen & Ors. [2001] 1 HKLRD 401 at 403E to H [18] Kan Miu Wah Pauline v. Aeroflot Russian International Airlines, CACV 142/2006, 6 September 2006, para. 11; Chan Wing C......
  • Bank Of China Ltd Shantou Chaoyang Sub-branch v John Howard Batchelor And Others
    • Hong Kong
    • High Court (Hong Kong)
    • 6 September 2017
    ...judge erred in principle or the order was irrational having regard to the issues that had to be resolved: Lee Tak Yee v. Chen Park Kuen [2001] 1HKLRD 401, 403E-H; and Wong Kar Gee Mimi v. Severn Villa Ltd [2012] 1HKLRD 887 at 26. It is also trite that the appellate court will not interfere ......
  • Bank Of China Ltd Shantou Chaoyang Sub-branch v John Howard Batchelor And Others
    • Hong Kong
    • High Court (Hong Kong)
    • 6 September 2017
    ...judge erred in principle or the order was irrational having regard to the issues that had to be resolved: Lee Tak Yee v. Chen Park Kuen [2001] 1HKLRD 401, 403E-H; and Wong Kar Gee Mimi v. Severn Villa Ltd [2012] 1HKLRD 887 at 26. It is also trite that the appellate court will not interfere ......
  • Bank Of China Ltd Shantou Chaoyang Sub-branch v John Howard Batchelor And Others
    • Hong Kong
    • High Court (Hong Kong)
    • 6 September 2017
    ...judge erred in principle or the order was irrational having regard to the issues that had to be resolved: Lee Tak Yee v. Chen Park Kuen [2001] 1HKLRD 401, 403E-H; and Wong Kar Gee Mimi v. Severn Villa Ltd [2012] 1HKLRD 887 at 26. It is also trite that the appellate court will not interfere ......
    • Request a trial to view additional results

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