Tam Mei Kam v. Hsbc International Trustee Ltd and Others

HCMP 2981/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2981 OF 2004

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Before: Hon L Chan J in Chambers

Dates of Hearing: 24 and 28 April 2015

Date of Decision: 28 April 2015

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DECISION
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1.The applicant applies for urgent special maintenance in the sum of HK$186,500 for her to move into new accommodation because her previous accommodation had been repossessed by her former landlord for her failure to pay rent.

2.The sum of HK$186,500 is comprised of (i) HK$108,000 for two-month rental deposit and one month rental in advance for her new accommodation; (ii) HK$49,500 for three months rental for a warehouse area to keep her furniture and utensils that cannot be moved into her new accommodation; and (iii) HK$29,000 for removal, security and other miscellaneous expenses.

3.The sum of HK$186,500 is sought from the estate of the applicant’s daughter Madam Mui deceased.  The other beneficiaries of the estate are the 3rd respondent and the applicant’s grand children.  I understand that the applicant’s grand children have no objection to this application.  The 3rd respondent has also given its consent to the application through its solicitors. 

4.The 5th respondent, who are the applicant’s trustees of bankruptcy have also signified their agreement to the application and will not seek to have the sum sought in the application to be paid to the 5th respondent under the Income Payments Order (“IPO”) that has been made against the applicant in favour of the 5th respondent.

5.On the basis of the consent from the 3rd and 5th respondents, this sum of HK$186,500 will be allowed for the benefit of the applicant.  It will form part of her reasonable domestic needs and not be covered by the IPO. 

6.The consent from the 3rd and 5th respondents necessarily includes the consent to increase the rental allowed for the applicant as part of her reasonable domestic needs from HK$20,000 to HK$36,000 per month.  The total maintenance for the applicant will thus be increased to HK$174,000 with HK$108,000 payable to the 5th respondent under the IPO and the balance of HK$66,000 to cover the applicant’s needs.

7.Since the 5th respondent has agreed to act as the conduit for payment of rent for the applicant, I direct that the sum of HK$108,000 out of HK$186,500 be paid to the 5th respondent for payment to the applicant’s new landlord for the two-month rental deposit and one month rental in advance.  The balance of HK$78,500 be paid to the applicant for her to manage her removal, the rental of warehouse space and other miscellaneous matters. 

8.Subject to the new landlord’s consent and availability of the premises, I suggest that the commencement of the tenancy can be brought forward from the date stated in the Provisional Tenancy Agreement namely 11^th May 2015.

9.For the payment of the monthly rental, the sum of HK$36,000 out of the HK$66,000 above-mentioned will be paid to the 5th respondent every month commencing with the 1st payment to cover the rental of the 2nd month under the tenancy to be paid no later than three working days before the start of that month.  The balance of HK$30,000 be paid to the applicant for her own use.

10.I further direct that the sum payable to the applicant to cover her reasonable domestic needs for the 1st month of the tenancy shall remain at HK$50,000 so that she will have some spare money to cover the miscellaneous expenses of moving into the new premises.

11.Since the commencement date of the tenancy may not coincide with the date of payment to the applicant of the sum for her reasonable domestic needs, I direct the 1st respondent to make the necessary adjustment or apportionment.

12.This order shall be effective until the discharge of the applicant’s bankruptcy or further order of the court.

13.I also make a costs order nisi that the costs of the applicant and the 1st, 3rd and 5th respondents in this application are to be paid by the estate of Madam Mui to be taxed summarily by me.  These parties may file their bills of costs within the next 14 days and I will assess the costs payable on paper.

The applicant appeared in person

Mr Kevin So, of Clifford Chance, for the 1st respondent

Mr Tak Wong, of Wong, Shum & Co, for the 3rd respondent

The 5th respondent, excused from attendance