Hong Kong Case Law: Decisions & Judgments

Topic

Assignment of legal title

Legal area

Court

14 Jul 2021

鄧永安 v. 鄧明珠, the administratrix of the estate of late Tang Shun Man, deceased, and in her personal capacity AND OTHERS

Citation

[2021] HKDC 836
Court

District Court
Case number

DCCJ83/2018

On the balance of probabilities the court accepted the plaintiff's account that an oral agreement existed in 2008 for the plaintiff to acquire beneficial ownership by instalment payments; the pattern of payments, the consistent HK$100,000 distributions and contemporaneous conduct demonstrated the agreement, entitling the plaintiff to an order for payment of the agreed remaining balance and assignment of legal title (with statutory enforcement under s38A if necessary).
5 Mar 2021

AU YEUNG PUI CHUN v. CHENG WING SANG

Citation

[2021] HKCFI 463
Court

Court of First Instance
Case number

HCA2434/2015

The plaintiff failed to prove on the balance of probabilities that she was the sole beneficial owner from 1975; the court found neither party discharged their respective burdens to establish the key factual allegations (no reliable evidence of an express 1999 consensus that assignees were mere nominees; no reliable evidence of an express conditional October 2008 escrow/agreement). The 1999 transfers were arranged to address La Verna's indebtedness and, on the evidence and given the limited rebuttal of the presumption of advancement, there was scope to infer the defendant obtained a beneficial…
22 Apr 2020

WU FUNG CHU v. NG PAK WING

Citation

[2020] HKCFI 615
Court

Court of First Instance
Case number

HCA654/2014

The Deed of Trust's Assignment Obligation is expressed in clear, unqualified terms and cannot be varied or defeated by alleged implied terms in a separate Agreement; the Defendant failed to demonstrate that any term should be implied into the Agreement which would render the Deed subject to conditions, and no triable issue or credible misrepresentation defence was established; summary judgment for the Plaintiff was appropriate and the appeal was allowed.
26 Nov 2012

TANG KIM KWAN PATRICK v. LEE CHI TING KAREN

Citation

TANG KIM KWAN PATRICK v. LEE CHI TING KAREN
Court

Court of Appeal
Case number

CACV163/2012

The application for a stay of execution was dismissed with costs because, although parts of the appeal were arguable, the Defendant did not show the appeal would be rendered nugatory by enforcement of the sealed judgment and there were no other good reasons to grant a stay; the Defendant may advance valuation and reference date arguments at the restitutionary inquiry and any entitlement to share of profits can be pursued on appeal or satisfied by payment if the appeal succeeds.

Hong Kong Case Law

鄧永安 v. 鄧明珠, the administratrix of the estate of late Tang Shun Man, deceased, and in her personal capacity AND OTHERS

AU YEUNG PUI CHUN v. CHENG WING SANG

WU FUNG CHU v. NG PAK WING

TANG KIM KWAN PATRICK v. LEE CHI TING KAREN