Lee Koon Wan v. Sherman Ngai Wing Lee

HCA 1942/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1942 OF 2009

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A D D E N D U M

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1.Following my indication that I wished to hone and give clear practical effect to my orders and declarations as expressed in my judgment of the 24 July 2012, the parties attended before me today.

2.As a consequence the following declarations and orders are made:

The Lai Shing property

(a)  The Plaintiff is to deliver, through his solicitors, the title deeds of the above property to the Registrar of the High Court for safe-keeping until further order.

(b)  The Plaintiff is to receive directly from the lessee forthwith all rent received in respect of any letting of the above property and will be responsible for all payments to be made in respect of the said property by way of management fees, utilities, etc.

(c)  The Defendant is to provide forthwith an account of the rent, profits and/or monies received by him for the property. 

(d)  The Defendant is to return forthwith to the Plaintiff all rent, profits and/or monies received by him for the property subject to deductions upon documentary proof in respect of all necessary payments made by him by way of management fees, utilities etc.

The Bridge of Don property

(a)  The Defendant is to deliver forthwith, through his solicitors the title deeds of the above property to the Registrar of the High Court for safekeeping until further order.  In the event of the Defendant not having the title deeds in his possession or custody, he is to provide forthwith any necessary written authority or instruction or other documents in order to effect the transfer of the said deeds to the Registrar of the High Court.

(b)  The Plaintiff is to receive directly from the lessee forthwith all rent received in respect of any letting of the above property and will be responsible for all payments to be made in respect of the said property by way of management fees, utilities, etc.

(c)  The Defendant is to provide an account of the rent, profits and/or monies received by him for the property.

(d)  The Defendant is to return forthwith to the Plaintiff all rent, profits and/or monies received by him for the property subject to deductions upon documentary proof in respect of all necessary payments made by him by way of management fees, utilities etc.

3.In respect of both properties:

(a)  Some other proper person, namely the Official Solicitor, if willing, be appointed Trustee of the said properties jointly with the Defendant, but no other member of the family is to be appointed a trustee without the approval of the Court.

4.The Plaintiff’s costs of today’s hearing, but excluding those in relation to any argument as to the basis of the said costs and those of the action, are to be paid by the Defendant, to be taxed if not agreed, with a certificate for two counsel in relation to the trial of the action, and a certificate for counsel (one only) in relation to today’s hearing.

5.The matter of the appointment of the Official Solicitor, if he/she is so willing, is to be considered by me on Friday 7 September 2012 at 10:00am.

Mr Hylas Chung and Mr Andrew Leung, instructed by Kitty So & Tong, for the Plaintiff

Mr Ernest Koo, instructed by Cheng, Chan & Co, for the Defendant