Hong Kong Case Law: Decisions & Judgments

Topic

Deed of settlement

Legal area

Court

9 Apr 2025

DS v. EGHCL

Citation

[2025] HKCFI 1546
Court

Court of First Instance
Case number

HCSD30/2024

The applicant failed to establish a bona fide dispute on substantial grounds because there was no credible contemporaneous evidence of the alleged oral agreement postponing the debt, the Deed of Settlement is a binding document enforceable against the applicant, the conduct and payments by Full World were inconsistent with the alleged postponement, and therefore the statutory demand ought not be set aside.
1 Dec 2023

SHERMAN NGAI WING LEE v. LEE HOI WING MICHAEL AND OTHERS

Citation

[2023] HKCFI 3056
Court

Court of First Instance
Case number

HCA2905/2017

The court held the Seagroatt Judgment was not a judgment in rem but nonetheless bound all six sons as privies because they were identified beneficiaries with a direct vested interest; as a result the sons held indefeasible vested interests in the two properties and the father and Sherman could not validly dispose of or vary those interests between themselves. Consequently neither the handwritten Settlement Agreement nor the later Deed of Settlement could lawfully alter those beneficiaries' interests and the plaintiff's claim failed; the counterclaim succeeded to the extent of requiring transf…
4 Jan 2018

CHIN NGAR YIK v. LUI LING NANCY AND ANOTHER

Citation

[2018] HKCFI 13
Court

Court of First Instance
Case number

HCAP2/2016

Because the defendants accept the alleged will is void by Deed of Settlement and the evidence supports the plaintiff's entitlement, the court grants letters of administration to the plaintiff; the declaration was refused as unnecessary and no order as to costs was made except that the plaintiff's costs be taxed under legal aid regulations.
28 Aug 2009

YIU HO MING HERMES AND OTHERS v. YIU YAN CHE

Citation

YIU HO MING HERMES AND OTHERS v. YIU YAN CHE
Court

Court of First Instance
Case number

HCA821/2008

The court refused summary specific performance because Clause 5 is ambiguous and factual matrix evidence is lacking so it is not a plain case for summary relief; there is no causal connection between the respondents' alleged refusal to execute Thai bank documents and YYC's failure to make the 2nd instalment, and YYC has no arguable defence to the respondents' claim for HK$21,807,023.15; Master Levy's summary judgment was therefore correct and the appeal is dismissed.
5 May 2003

RE THE NEW WORLD ENTERTAINMENT CO LTD

Citation

RE THE NEW WORLD ENTERTAINMENT CO LTD
Court

Court of First Instance
Case number

HCCW98/2003

The deed of settlement expressly preserved the petitioner's right to apply for a winding-up order and the petitioning debt was not genuinely disputed; therefore a winding-up order was properly made.
9 Jan 2002

HENNABUN CAPITAL LTD. v. WONG CHUN HUNG VINCENT

Citation

HENNABUN CAPITAL LTD. v. WONG CHUN HUNG VINCENT
Court

Court of First Instance
Case number

HCA340/2001

The deed of promissory note was properly executed as a deed and enforceable without consideration; the defendant failed to prove any credible collateral agreement or discharge by payment to Capital Union Inc and cannot rely on inadmissible parol evidence to contradict clear recitals; having failed to raise a triable issue the defendant was not entitled to unconditional leave to defend and summary judgment was entered for the plaintiff.
19 Feb 2001

RE KING KONG (GROUPS) LTD.

Citation

RE KING KONG (GROUPS) LTD.
Court

Court of First Instance
Case number

HCCW1026/2000

The Company failed to provide credible evidence to substantiate its claimed asset values or imminent funding; management accounts showed substantial liabilities including a large bank loan and liabilities to related parties; remittance records from 1994 did not prove present value; accordingly the court refused a further adjournment and made the usual winding up order.
30 Nov 2000

LAW SIU YIN ADA v. LO HUNG KWAN

Citation

LAW SIU YIN ADA v. LO HUNG KWAN
Court

Court of First Instance
Case number

HCAP11/1999

The Deed, which contained an explicit entire agreement/no reliance clause and recitals that the plaintiff had taken legal advice and accepted the defendant's entitlement, could not be impeached for misrepresentation or mutual mistake given the plaintiff's knowledge of the relevant domicile facts and the contractual disclaimers; accordingly the claim was plainly unsustainable and the strike-out was correct.
10 Nov 2000

MA HON FONG, JOSEPH v. CITIWEALTH INTERNATIONAL LTD. AND ANOTHER

Citation

MA HON FONG, JOSEPH v. CITIWEALTH INTERNATIONAL LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA3623/2000

The appeal was allowed in part: there is a triable issue as to the construction of the Deed and whether the Plaintiff breached covenants that would defeat entitlement to the ex-gratia payments, so summary judgment cannot be entered for the ex-gratia balance; however no triable issue was established to defeat the unpaid portion of the agreed compensation of $120,000, so judgment was entered for that sum with interest and leave given to the Defendants to defend the remaining sums.
12 Apr 1999

LAU WING KWONG DANIEL AND OTHERS v. LAU KIN CHU

Citation

LAU WING KWONG DANIEL AND OTHERS v. LAU KIN CHU
Court

Court of First Instance
Case number

HCMP3308/1997

The deed of settlement, executed as an English-style deed in Hong Kong, created a trust governed by modern Hong Kong law; the Deceased's reversionary interest, having lapsed before vesting, reverted to the trust estate and must be redistributed in a manner that gives effect to the settlor's intentions and the purposes of the trust — namely redistribution pro rata per stirpes among the donees according to the same scheme (male issue per stirpes with mothers' life interests).