Hong Kong Case Law: Decisions & Judgments

Topic

Accounting for rents and profits

Legal area

Court

2 Aug 2012

LEE KOON WAN v. SHERMAN NGAI WING LEE

Citation

LEE KOON WAN v. SHERMAN NGAI WING LEE
Court

Court of First Instance
Case number

HCA1942/2009

To protect the parties' property interests and ensure accountability the court exercised its equitable jurisdiction to order delivery of title deeds to the Registrar, require accounting and restitution of rents and profits subject to documented deductions, consider appointment of the Official Solicitor as trustee, and award costs to the Plaintiff as specified.
30 Jul 2012

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD

Citation

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD
Court

Court of First Instance
Case number

HCMP1814/2010

The sealed voids are integral parts of the two two-storey machine-room structures shown in the approved building plans and were designated common areas by the first assignment dated 15 April 1966; the 1981 Assignment did not validly assign or create exclusive rights in the voids to the defendant's predecessor and the 1981 plan annotations/colouring were erroneous, therefore the defendant must vacate, restore the voids to the approved plans and account for rents and profits.
5 Jun 2007

CHEUNG KWOK WAI v. HO PAUL KIN CHUNG AND ANOTHER

Citation

CHEUNG KWOK WAI v. HO PAUL KIN CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA194/2007

Judgment under Order 13 r.6 was refused because material questions of fact and law remain (effect of company deregistration under s.292, the true recipient of sale proceeds, and unclear partnership shares) which cannot be resolved on the pleadings alone and because the court is constrained regarding receiving evidence at this stage; the matter was therefore adjourned for further submissions.
14 Apr 1978

CHEUNG SO YIN-KAY v. THE CHARTERED BANK HONG KONG TRUSTEE LTD

Citation

CHEUNG SO YIN-KAY v. THE CHARTERED BANK HONG KONG TRUSTEE LTD
Court

Court of First Instance
Case number

HCA1196/1974

On the evidence the plaintiff's conduct and contemporaneous documents demonstrated she intended the properties as an advancement/gift to her son rather than to create a resulting trust; her allowing the properties to be included in the son's estate and her statements inconsistent with a trust meant the properties vested beneficially in the son and thus formed part of his estate; the bank account was treated differently as intended to benefit the son only on the plaintiff's death and not as an immediate gift; accordingly the plaintiff's claim to the properties was dismissed and the defendant's…
21 Jul 1977

YUE MEI KIN (OR KUEN) v. LAM CHARK HIN

Citation

YUE MEI KIN (OR KUEN) v. LAM CHARK HIN
Court

Court of First Instance
Case number

HCA849/1976

Although the defendant provided the purchase money, he failed to rebut the presumption of advancement; on the balance of probabilities the assignment of the suit premises to the plaintiff was intended as a gift/advancement to her, so beneficial ownership vests in the plaintiff; the C$24,000 transfer was a gift not a loan; accordingly the plaintiff is entitled to declaration of beneficial interest, return of title deeds and an account of rents and profits and the defendant's counterclaim for C$24,000 is dismissed.

Hong Kong Case Law

LEE KOON WAN v. SHERMAN NGAI WING LEE

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD

CHEUNG KWOK WAI v. HO PAUL KIN CHUNG AND ANOTHER

CHEUNG SO YIN-KAY v. THE CHARTERED BANK HONG KONG TRUSTEE LTD

YUE MEI KIN (OR KUEN) v. LAM CHARK HIN