Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Accounting for proceeds

  • 27 Jun 2018

    WONG YUK TUNG v. WONG PO LING AND ANOTHER

    Citation
    [2018] HKCFI 1482
    Court
    Court of First Instance
    Case number
    HCA899/2012

    The Court refused a stay of execution pending appeal because the Defendants' prospects of obtaining leave or succeeding on appeal were weak or not even arguable on the material before the court and they offered no additional compelling reasons; the procedural accounts ordered are reversible and any prejudice to the Defendants can be compensated by costs, whereas further delay would prejudicially prolong the plaintiff's recovery. Accordingly the court directed the taking of accounts with specified timelines, adjourned the St Louis Flat 25C enforcement issue sine die because of the mortgagee pr…

  • 13 Jul 2015

    LAM WAI MAN v. NG KEUNG TOMMY

    Citation
    LAM WAI MAN v. NG KEUNG TOMMY
    Court
    Court of First Instance
    Case number
    HCA1033/2014

    On the uncontroverted evidence of equal financial contribution and an oral agreement to share 50% in the investment, the plaintiff had a 50% beneficial interest in the property despite legal title in the defendant; plaintiff therefore entitled to half the sale proceeds (HK$3,250,000). Outstanding rent was recoverable only for the period within the six year limitation (4 June 2008 to 6 July 2011) and was calculated at HK$148,374.19. Interest and costs were awarded accordingly.

  • 4 May 1988

    CHEUNG YUK YING formerly known as TUEN YIM CHUN v. SIK MUNG SANG

    Citation
    CHEUNG YUK YING formerly known as TUEN YIM CHUN v. SIK MUNG SANG
    Court
    Court of First Instance
    Case number
    HCMP1078/1987

    The judge found the defendant failed to prove fraud by clear and cogent evidence; documentary records and conveyancers' evidence made fraudulent procurement unlikely; therefore the transfers were not disturbed, the plaintiff was entitled to possession and injunction for the Great George flat, but the plaintiff must account to the defendant for sums derived from the sale of the Kiu Wang premises (balance $500,000) and for proceeds of sale of 3,733 Hong Kong Bank shares, with costs allocated as ordered.