POON LAI TAK AND ANOTHER v. KFH INVESTMENT CONSULTANCY LTD AND ANOTHER

POON LAI TAK AND ANOTHER v. KFH INVESTMENT CONSULTANCY LTD AND ANOTHER

Given the earlier declaration and order that the 2nd defendant holds the property on resulting trust for the plaintiffs and must assign the legal title, and given the 2nd defendant's failure to comply or to respond after service, the court properly exercised its power under s.25A High Court Ordinance to direct the plaintiffs' solicitor to execute all necessary documents to transfer the legal title and awarded costs to the plaintiffs.

Citation
[2025] HKCFI 4360
Parties
1st Plaintiff: Poon Lai Tak (潘麗德); 2nd Plaintiff: Yik Man Ching (易文清); 1st Defendant: KFH Investment Consultancy Limited; 2nd Defendant: Lai Ming Leung Kent (黎明亮)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2025
Case Number
HCA248/2024
Procedural Posture
Civil Action for Declaration and Transfer of Property / Post Judgment Enforcement (application Under S.25 a High Court Ordinance)
Outcome
Application granted in part: s.25A direction made and costs awarded
Legal Topics
Resulting Trust, Order for Transfer/assignment, Section 25 a High Court Ordinance, Costs, Service of Process
Source Language
EN
Property Trusts Civil Procedure Enforcement Resulting Trust Order for Transfer/assignment Section 25 a High Court Ordinance Costs +1 more

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Parties

Poon Lai Tak (潘麗德)

1st Plaintiff

Yik Man Ching (易文清)

2nd Plaintiff

KFH Investment Consultancy Limited

1st Defendant

Lai Ming Leung Kent (黎明亮)

2nd Defendant

Procedural Posture

Civil Action for Declaration and Transfer of Property / Post Judgment Enforcement (application Under S.25 a High Court Ordinance)

Legal Issues

  1. 1 Whether the court should direct execution of documents under s.25A High Court Ordinance to give effect to a prior order declaring a resulting trust and directing assignment of legal title
  2. 2 Whether service of the summons and supporting affirmation was sufficient to permit the s.25A direction to be made
  3. 3 Whether costs of the application should be awarded and procedure for summary assessment

Ratio Decidendi

Given the earlier declaration and order that the 2nd defendant holds the property on resulting trust for the plaintiffs and must assign the legal title, and given the 2nd defendant's failure to comply or to respond after service, the court properly exercised its power under s.25A High Court Ordinance to direct the plaintiffs' solicitor to execute all necessary documents to transfer the legal title and awarded costs to the plaintiffs.

Court Disposition

Application granted in part: s.25A direction made and costs awarded

Orders

  • Lau Chun Hei Andy, partner of TK Tsui & Co, is directed under s.25A High Court Ordinance to take all necessary steps and execute all documents (including instruments of transfer or conveyance) to transfer or assign the 2nd defendant's legal title in Section A of Lot No. 1143 in Demarcation District 114 to the...
  • Liberty to apply