Hong Kong Case Law: Decisions & Judgments

Topic

Declaration

Legal area

Court

10 Apr 2026

黃天昕 v. 關劍麟

Citation

[2026] HKDC 787
Court

District Court
Case number

DCCJ771/2025

Default judgment was granted only for specific performance of the Separation Agreement as pleaded because (a) service and notice were properly effected and Defendant had not contested; (b) the pleaded case, taken as admitted on default, entitled Plaintiff to specific performance of the obligation to transfer the identified Mainland Property and Car Park; (c) declarations and injunctions were refused because the declarations sought were unnecessary and overly wide and there were insufficient pleaded facts to ground an injunction; (d) claims for damages were dismissed for lack of pleaded partic…
4 Feb 2026

CHAU TAT WING, suing in his own capacity and as the sole executor of the estate of WONG TIM LUN, deceased v. WONG KWAI WAN AND ANOTHER

Citation

[2026] HKCA 63
Court

Court of Appeal
Case number

CAMP130/2025

Leave to appeal was refused in respect of Grounds 1–5 because the judge's factual findings on expert evidence and the accuracy of the 2012 Survey Plan were open on the evidence and rendered any error on jurisdiction academic; leave was granted only in respect of the Costs Order (Ground 6). The Court declined to grant a stay of execution because the Plaintiff had no reasonable prospect of success on the substantive appeal (except costs) and no irreparable damage had been shown.
12 Nov 2025

CHAN MEI HEUNG v. HAPPY TREND ENTERPRISE LTD

Citation

[2025] HKDC 1943
Court

District Court
Case number

DCCJ3843/2020

Court found on balance that occupation of the FX1 Area began no later than 27 July 1982, that Plaintiff maintained exclusive possession and requisite intention despite family residing in public housing from 2001, and that the 20‑year limitation expired by 27 July 2002 extinguishing the paper owner’s title in respect of the FX1 Area; the Extended Area was only occupied from 2013 so limitation had not run and Plaintiff’s claim to the Extended Area fails; accordingly declaration of possessory title granted to Plaintiff for FX1 Area and Defendant succeeds for Extended Area with orders for vacant…
3 Oct 2025

SHE SAU CHING, Administratrix of the Estate of FUNG SIU YING MICKY, Deceased v. FUNG SIU CHUNG

Citation

[2025] HKCFI 4724
Court

Court of First Instance
Case number

HCA1796/2024

The court held that (1) New Chi Wing was dissolved on 7 March 2022 upon the death of the Deceased and granted a declaration accordingly; (2) the Defendant's pleaded admissions that the partnership existed, that he carried on the business post-dissolution using partnership assets, and his express acceptance in the Defence of the obligation to account were sufficient to justify an order for account and inquiry under Order 43, but there was no clear and unequivocal admission entitling the Court to enter judgment that the Estate is entitled to a 50% share under Order 27 r.3, so the claim for a de…
30 Sept 2025

FINE HILL HOLDINGS LTD v. CHUNG KWOK KEE JENSSION AND OTHERS

Citation

[2025] HKDC 1651
Court

District Court
Case number

DCCJ6745/2024

On the evidence (documentary, aerial photos, survey reports and inferred historical use) the court was satisfied on the balance of probabilities that the plaintiff and its predecessors had continuous, open and uninterrupted use of the Disputed Path for over 20 years such that an easement by prescription (lost modern grant) was established; the land was historically landlocked and an easement of necessity existed; the 3rd defendants’ non‑contest did not prevent declaration as to their servient tenements; accordingly the plaintiff was entitled to declaratory relief, mandatory and prohibitory in…
4 Sept 2025

TSOI SHEK LEUNG v. CHENG FU YING

Citation

[2025] HKCFI 4248
Court

Court of First Instance
Case number

HCA416/2025

On the pleaded facts, taken as admitted by defendant's failure to file a defence, the plaintiff established a common intention constructive trust: plaintiff funded the purchase, paid mortgage repayments and related costs while the property was registered in defendant's name by agreement; it would be unconscionable for defendant to retain the beneficial interest or the net sale proceeds; therefore default judgment is appropriate, a declaration is granted that defendant holds the property/sale proceeds on constructive trust for plaintiff, the injunction is continued and varied to preserve proce…
30 Jul 2025

WONG CHUN WAH (in his capacity as the administrator pendente lite of the estate of SUAN KUA CHUA also known as CHUA SUAN also known as CHUA KUA SUAN also known as SUAN K. CHUA, Deceased) v. CHINA YINGDE YOUTH EDUCATION INSTITUTE LTD

Citation

[2025] HKCFI 3793
Court

Court of First Instance
Case number

HCA15/2025

On the pleaded facts (assumed admitted for default judgment) the Purported Deed of Gift was forged/null and void, therefore it did not affect land and was not registrable under s.2(1) LRO; the court, exercising its discretion under O.19 r.7 and its inherent jurisdiction, granted a declaration that the deed is null and void and ordered vacatur of the registration; assessment of damages was transferred to the District Court.
3 Mar 2025

ABERDEEN COMMERCIAL INVESTMENTS LTD v. THE SECRETARY FOR JUSTICE

Citation

[2025] HKCA 145
Court

Court of Appeal
Case number

CACV128/2024

On true construction the Layout Covenant's reference to the 'nature of the buildings' concerns the general physical form and layout of buildings rather than specific user permissions; the 'Shop & Cinema' notation on the Final Layout Plan is descriptive not prescriptive and therefore does not impose an additional user restriction requiring the Director's prior written consent for use as an RCHE.
18 Dec 2024

盛益投資有限公司及另一人對楊國勳以華利貿易公司經營

Citation

[2024] HKCFI 3629
Court

Court of First Instance
Case number

HCMP2123/2024

Plaintiffs were entitled to the declarations in paragraphs 1 and 2 of the originating summons; a vesting order under Trustee Ordinance (Cap.29) s52(1)(e) was appropriate to vest the defendant's 77% shareholding in SZWL in RC; the court refused to order unspecified acts or to grant damages and interest because the applicant's affidavit lacked necessary evidential support; liberty to apply was granted and costs awarded to plaintiffs to be agreed or assessed.
7 Aug 2024

CHAN SHUN MAN AND ANOTHER v. TSANG CHO SAU

Citation

[2024] HKDC 1305
Court

District Court
Case number

DCCJ2041/2022

On the pleaded facts alone in default, plaintiffs demonstrated factual possession and animus possidendi for more than 12 years prior to commencement of the action; therefore under ss7(2) and 17 of the Limitation Ordinance the defendant's registered title was extinguished and plaintiffs acquired an indefeasible possessory title; declaratory relief was necessary to do justice and is granted.