Chan Wai Ming and Others v. Chan Wai Lun and Others

Read the full judgment text of HCMP 775/1995 on BabelCite. This High Court CFI judgment was delivered on 15 January 2002.

1. At page 5, paragraph 10, lines B to C, the sentence should read as :

Case No.HCMP 775/1995
Court
High Court CFI
Date15 Jan 2002
Judge
Case Document
100%Judiciary

HCMP000775AM/1995

HCMP775/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO.775 OF 1995

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IN THE MATTER of the estate of CHAN YAM (alias CHAN PO HANG), Deceased

AND

IN THE MATTER of Order 85, rule 2(3)(a) of the Rules of the High Court

BETWEEN
CHAN WAI MING 1st Plaintiff
CHAN WAI CHIU 2nd Plaintiff
AND
CHAN WAI LUN 1st Defendant
THE PERSONAL REPRESENTATIVES OF MAN SO, deceased 2nd Defendant
THE PERSONAL REPRESENTATIVES OF CHAN KING HO, deceased 3rd Defendant
CHAN TSUN HO 4th Defendant
CHAN WAI CHEONG 5th Defendant
CHAN WAI MAN 6th Defendant
CHAN PING HO 7th Defendant
CHAN SIU HO 8th Defendant

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Coram: Deputy High Court Judge Muttrie in Court

Dates of Hearing: 17 - 20 December 2001

Date of Judgment: 15 January 2002

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C O R R I G E N D A

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1. At page 5, paragraph 10, lines B to C, the sentence should read as :

"Thereafter Kwong Shau paid rent to the 1st defendant for the suit premises."

2. At page 5, paragraph 12, lines H to I, the sentence should read as :

"On 5 June 1979 the 1st defendant sold the property at Lee Gardens Road for $2,000,000."

3. At page 6, paragraph 17, lines M to O, the sentence should read as :

"The 1st plaintiff says that about a week after the father's death, there was a meeting in a restaurant in North Point between himself, the 1st defendant, the brother Wai Cheong and the sister King Ho."

4. At page 6, paragraph 17, lines P to R, the sentence should read as :

"The 1st plaintiff says that he contacted his mother who was in Canada; ......"

5. At page 11, paragraph 32, lines D to E, the sentence should read as :

"He says that it was agreed that there would be no distribution of the assets and that the 1st defendant would continue the business as manager and trustee."

6. At page 14, paragraph 43, lines O to Q, the sentence should read as :

"The same applies to the 1st defendant's explanations of where the money came from for the purchase of the Morrison Hill Road property and so on."

7. At page 14, paragraph 43, lines P to R, the sentence should read as :

"Reliance is placed on the evidence of the 1st plaintiff that the 1st defendant discussed with him, ......"

8. At page 20, paragraph 55, lines C to D, the sentences should read as :

"The plaintiff's claims must fail. The action is dismissed, with costs (nisi) to the 1st defendant to be taxed if not agreed.

Dated this 17th day of January, 2002.

(Anna Tse) (Miss)
Clerk to Deputy High Court Judge Muttrie