Hong Kong Case Law: Decisions & Judgments

Topic

Deed of assignment

Legal area

Court

18 Mar 2024

XIAN HONGYING, the executrix of the estate of SHEW YUN, deceased v. MAN WONG AND ANOTHER

Citation

[2024] HKCFI 784
Court

Court of First Instance
Case number

HCA2670/2016

The court provisionally found the defendants have a meritorious defence with a real prospect of success based on a contemporaneous will and credible evidence of a gift effected by the Assignment; the 2nd defendant's challenge to service was conceded by the plaintiff; accordingly the default judgments entered on 16 September 2019 were set aside and the usual costs orders applied.
31 Jan 2023

RE LAM CHUNG HO ALASTAIR

Citation

[2023] HKCFI 260
Court

Court of First Instance
Case number

HCB3766/2021

The court concluded there was insufficient and non‑credible evidence that the Petitioner accepted the alleged Priority Arrangement or made contemporaneous assurances that would displace the Debtor's contractual liability under the Guarantee; the securities representations originated between the Debtor and Kwan and were not binding on the Petitioner. Therefore no bona fide dispute existed and the Petitioner was entitled to adjudication of the Debtor as bankrupt.
10 Sept 2018

HU YING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

Citation

[2018] HKCFI 2064
Court

Court of First Instance
Case number

HCB2108/2017

The court dismissed the debtor's application to set aside the first statutory demand, holding that no valid personal set-off was asserted by the debtor and that the purported deed of assignment to her husband did not defeat the creditor's statutory demand; accordingly the petitions were permitted to proceed with consolidation as ordered.
10 Sept 2018

HU YING v. WEI WEN

Citation

[2018] HKCFI 2064
Court

Court of First Instance
Case number

HCB2027/2017

The debtor failed to demonstrate a personal set-off or arguable defence to the statutory demand; consequently the application to set aside the first statutory demand was dismissed and the related bankruptcy petitions were consolidated under the court's order.
7 Aug 2009

CHAN KWAN YIN SHIRLEY AND ANOTHER v. WU WING AND ANOTHER

Citation

CHAN KWAN YIN SHIRLEY AND ANOTHER v. WU WING AND ANOTHER
Court

Court of First Instance
Case number

HCA7718/2000

The 1st Defendant failed to prove fraudulent misrepresentation or the plea of non est factum; the evidence established that he knew the nature and effect of the documents and the Plaintiffs' witnesses were preferred; accordingly the counterclaim to set aside the 1st Assignment was dismissed and the Plaintiffs were entitled to possession and costs (order nisi).
4 Jun 2001

M & L INVESTMENT CO. LTD. AND ANOTHER v. KWAN ON BUILDING CONTRACTORS LTD.

Citation

M & L INVESTMENT CO. LTD. AND ANOTHER v. KWAN ON BUILDING CONTRACTORS LTD.
Court

Court of First Instance
Case number

HCCT9/2000

Security for costs refused because exceptions to the general rule were not established; plaintiff's quantum for work done fixed at HKD 16,512,056.19 based on pleaded admissions; defendant proved set-offs in part such that counterclaim succeeded for HKD 9,614,186 by aggregating admitted amounts, proved invoices and a conservative uplift of ledger claims; net judgment to 2nd plaintiff HKD 6,897,870; interest awarded at prime plus 1% for eight years; Gloria McFarlane file note rejected as inadmissible/hearsay and given no weight.
24 Sept 1997

ULSAN LTD. v. LAU KAM SHING and Another

Citation

ULSAN LTD. v. LAU KAM SHING and Another
Court

Court of First Instance
Case number

HCMP2082/1997

Section 13(4) CPO applied to the 1955 vesting deed and created a statutory presumption of the truth of its recitals; applicants failed to rebut that presumption. The questioned signature and informal marginal Chinese notes did not displace the presumption or satisfy formalities required to create a trust. Solicitor attestation and donor identification supported the respondents' title. Therefore respondents had made good title and the application must be dismissed.
17 Jun 1994

LAI CHI ON v. STRONG SING DEVELOPMENT LIMITED

Citation

LAI CHI ON v. STRONG SING DEVELOPMENT LIMITED
Court

Court of First Instance
Case number

HCMP695/1994

The court found that by forwarding the draft Assignment on 2 March 1994, requesting cheque instructions and enclosing undertakings, the Purchaser's solicitors conclusively accepted the Vendor's title and waived any objections; consequently the Purchaser could not raise the 4 March requisition nor obtain rescission or refund; Tread East was determinative; no duty was imposed on vendor's solicitors to volunteer defects.