Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Beneficial ownership transfer

Legal area

Court

16 Dec 2020

WONG KOON WAH v. ALL PERSONS IN OCCUPATION OF LOT NO. 775 IN DEMARCATION DISTRICT 216 AND ANOTHER

Citation

[2020] HKCFI 3094
Court

Court of First Instance
Case number

HCMP1716/2012

The 1979 power of attorney was found to be genuine on the balance of direct evidence (attesting solicitor Mr Li); the presumption of resulting trust arose because consideration and obligations were assumed by Ho and P did not contribute; on the surrounding transactional documents and conduct the beneficial interest passed from P to Ho to Honoo to Edico and ultimately to D2; alternatively proprietary estoppel and adverse possession were established; accordingly D2 is declared beneficial owner and plaintiff's claim for possession is dismissed.
9 Oct 2020

OSMAN MOHAMMED ARAB AND ANOTHER v. NG SHUI CHING, IRENE AND ANOTHER

Citation

[2020] HKCA 818
Court

Court of Appeal
Case number

CACV5/2018

The Court upheld the trial judge's factual findings that genuine loans existed and that the Declaration of Trust executed on 1 November 2009 transferred the beneficial ownership of the shares to the 1st Defendant; therefore the subsequent formal transfer and the transfer of the vehicle were not at an undervalue, did not constitute unfair preference and were not made with intent to defraud creditors; the appeal was dismissed.