Hong Kong Case Law: Decisions & Judgments

Topic

Division of sale proceeds

Legal area

Court

11 Feb 2022

TSANG HIN YI HUBERT v. CHEUNG LAI PING

Citation

[2022] HKDC 151
Court

District Court
Case number

DCMP3110/2018

On the balance of probabilities the defendant failed to prove any change of common intention in or around mid-2012 that the plaintiff gifted his beneficial interest; contemporaneous documents and conduct (notably the 2013 email and payments, change of repayment arrangements for other property, post-2012 communications and reimbursements) supported continuing equal beneficial ownership; accordingly the presumption of equal beneficial shares stood and an order for sale under the Partition Ordinance was appropriate with proceeds to be divided equally.
23 Jul 2021

YQCDG v. YMML

Citation

[2021] HKFC 132
Court

Family Court
Case number

FCMC17035/2012

Applying the statutory framework in MPPO ss6 and 7 and the LKW v DD multi‑step approach, the court (i) rejected the writ of subpoena practice and required Order 38 r2(3) for attendance; (ii) disallowed several of H's asserted creditor liabilities where H failed to prove absence of express repayment terms and thus failed to establish implied 'payable on demand' terms, but accepted the running account loan to H's next friend (head of chambers) applying Clayton's Case; (iii) adopted the agreed earlier valuation for the KL Property (RM880,000) and rejected the late valuation report for lack of le…
28 May 2013

KUAN KAM YUNG v.TSE JACQUELINE KAR YUE

Citation

KUAN KAM YUNG v.TSE JACQUELINE KAR YUE
Court

District Court
Case number

DCCJ3702/2011

The Plaintiff failed to prove on the balance of probabilities that the $400,000 constituted a loan and that a specific loan balance was owing; however, after assessing contributions and disallowed items, the court found Plaintiff was underpaid from the Property sale and ordered Defendant to pay Plaintiff HK$142,237; the court also found there was no proved common intention that the HK$350,000 constituted a full and final settlement and dismissed Defendant's counterclaim.
18 Jun 2009

WAN MUN POR v. YUEN TIP CHUK

Citation

WAN MUN POR v. YUEN TIP CHUK
Court

Court of First Instance
Case number

HCMP274/2007

The judge rejected the plaintiff's credibility, accepted the 2001 document as evidencing an agreement transferring the plaintiff's interest to the defendant and found the defendant had performed obligations under that agreement; accordingly the plaintiff's claim was dismissed and the court recognized it had jurisdiction to determine entitlement to the net sale proceeds.

Hong Kong Case Law

TSANG HIN YI HUBERT v. CHEUNG LAI PING

YQCDG v. YMML

KUAN KAM YUNG v.TSE JACQUELINE KAR YUE

WAN MUN POR v. YUEN TIP CHUK