Tang v Tang
 FACV No.9 of 2016

WTLR Issue: Autumn 2018 #173

TANG YING LOI

V

1. TANG YING IP alias TANG YING YIP

2. YEUNG FOOK MUI

3. TRI STRONG INVESTMENT LIMITED


Analysis

T died intestate. D1, one of the administrators of T’s estate, purchased a property using estate funds to cover around 40% of the purchase price, without informing P, one of the beneficiaries of the estate. Soon after completion of the purchase, D1 repaid the money to the estate, with interest at a rate that he selected, labelling the transaction as a loan. Later, when the property’s value had increased, P became aware of D1’s actions and brought proceedings to recover the profit made by him.


Counsel details

Mr Robert Ham QC, Mr Denis Chang SC and Ms Candy Chan, instructed by
Wong, Hui & Co., for the 1st & 3rct Defendants (Appellants).

Mr Brian Green QC and Mr Benjrunin Chain, instructed by Pansy Leung Tang & Chua, for the Plaintiff (Respondent).

Cases referenced

Cases in bold have further reading - click to view.

  • Kao Lee & Yip v Koo Hoi Yan [2003] 3 HKLRD 296, [2003] WTLR 1283
  • Libertarian Investments Ltd. v Hall [2013] 16 HKCFAR 681, [2015] WTLR 241
  • Mathias v. Mathias (1858) 3 Sm & Giff 552
  • Phayre v Peree (1815) 3 Dow 116
  • Regal (Hastings) Ltd v Gulliver [1942] UKHL 1
  • Rowley Holmes & Co v Barber [1977] 1 WLR 371
  • Scott v Scott [1963] 109 CLR 649