Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bankruptcy vesting of property

Legal area

Court

23 Feb 2021

陳敏 AND ANOTHER v. 香敬有 AND ANOTHER

Citation

[2021] HKCFI 442
Court

Court of First Instance
Case number

HCA195/2017

Plaintiffs' claims were dismissed because they failed to discharge the burden of proving contributions necessary to establish a resulting trust; contemporaneous documents and plaintiffs' prior sworn statements contradicted their case; moreover P2's 50% legal interest vested in the trustees on bankruptcy and the trustees' partition/sale application was not time‑barred under the Limitation Ordinance.
20 Aug 2015

RE LAU HIU TUEN

Citation

RE LAU HIU TUEN
Court

Court of First Instance
Case number

HCB8430/2006

The trustees and Madam Lam held equal beneficial interests as tenants in common; Madam Lam failed to prove sole beneficial ownership or to establish very great hardship sufficient to outweigh creditors' interests; accordingly, the court ordered sale under Partition Ordinance s6 and directed the trustees to conduct the sale to realize the bankrupt's share for creditors.