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Hong Kong Case Law

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Contract law [2026] HKDC 604

SHIN HYUN SOOK v. HO PIK KEI ISAKAREN AND OTHERS

The District Court held that the amended provisional agreement substituting the 3rd Defendant as purchaser was not validly proved and was unenforceable against the Plaintiff.

  • Novation
  • Variation of written contract
  • Enforceability of provisional agreement for sale and purchase
  • Forfeiture and return of deposit
  • Power of attorney
  • Registration of land memorial
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Landlord and tenant law [2026] HKLdT 13

WEALAGE INVESTMENTS LTD v. RG PROPERTY MANAGEMENT LTD

The Lands Tribunal dismissed a landlord’s possession application, finding no breach of the lease’s alterations clause or alienation clause and holding that the tenant retained possession.

  • Subletting
  • Exclusive possession
  • Alterations and additions
  • Termination and forfeiture
  • Section 58 cpo
  • Contract interpretation
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Property law [2026] HKCFI 1595

TOTAL EXPRESS CAPITAL STRATEGY LTD v. YEUNG KA YEE CARRIE AND OTHERS

The Court entered judgment for the lender, rejected the 1st Defendant’s defences, ordered sale of the co-owned property under the Partition Ordinance, and awarded indemnity costs.

  • Order 88 originating summons
  • Partition ordinance sale
  • Summary disposal
  • Possession and sale under mortgage
  • Indemnity costs
  • Triable defence threshold
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Conveyancing [2026] HKCFI 1157

CHEUNG KA WAI v. LEE YU KWAN JEANETTE

The Court held that an irrevocable power of attorney created an equitable charge over a deceased joint tenant’s share and severed the joint tenancy.

  • Joint tenancy
  • Severance
  • Equitable charge
  • Irrevocable power of attorney
  • Stamp duty indemnity
  • Joint-tenancy
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Conveyancing [2026] HKCFI 1164

RE INSTINCT INVESTMENT LTD and TO WAI NAM for a declaration under section 12A of the Conveyancing and Property Ordinance, Cap. 219

The Court of First Instance declared the property free from the mortgage after the applicants paid HK$875 into court and complied with the required advertisement procedure.

  • Mortgage redemption
  • Section 12a cpo
  • Payment into court
  • Declaration of title
  • Advertisement and joinder of interested parties
  • Mortgage-redemption
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Bankruptcy [2026] HKCFI 1130

CHEN YUNG NGAI KENNETH, one of the joint and several trustees of the property of the Bankrupt, LI SHU CHUNG v. KAREN JANE LI AND OTHERS

The court held that the bankrupt beneficially owned the Roteland shares held through Joesh, set aside the 2016 transfer of Joesh shares to family members, and ordered vesting and transfer to the trustee.

  • Avoidance of transactions (undervalue)
  • Intent to defraud creditors
  • Constructive trust
  • Vesting orders under bankruptcy law
  • Fraudulent conveyance
  • Bankruptcy
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Equity [2026] HKCFI 113

LAU SAU MAN also known as MIMI LEONG v. LAU YU FUN AND OTHERS

High Court dismissed a daughter’s claim to recover Hong Kong properties she had transferred to her brother and his family, finding she intended an inter vivos gift.

  • Inter vivos gift
  • Power of attorney
  • Fraudulent misrepresentation
  • Conspiracy to defraud
  • Dishonest assistance
  • Knowing receipt
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Property law [2026] HKCA 88

LI CHUN BON AND ANOTHER v. CHINA MOBILE HONG KONG COMPANY LTD

The Court of Appeal held that roof parapet walls and staircase walls were common parts under the BMO, allowed the appeal, and awarded damages for trespass.

  • Trespass
  • Nuisance
  • Common parts
  • Interpretation of deed of mutual covenant
  • Building management ordinance s.2
  • Common-parts
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Property [2026] HKDC 175

WONG SAU WING v. TSOZ CHUNG KAI

The District Court dismissed a summons for final judgment in a property sale dispute, holding that an out-of-time defence filed before judgment prevented default judgment.

  • Deposit recovery
  • Wrongful repudiation
  • Default judgment
  • Service of process
  • Title requisitions
  • Charging order
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Professional negligence [2026] HKCFI 122

TAM YUK CHING AND OTHERS v. HOOSENALLY & NEO (a firm)

The court dismissed a solicitors’ negligence claim, holding that Madam Tam was not the firm’s client and that the pleaded wider duties were not owed.

  • Confirmor/sub-sale transactions
  • Duty of solicitors
  • Attribution of knowledge to company
  • Separate legal entity
  • Economic duress
  • Reflective loss
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.