Hong Kong Case Law: Decisions & Judgments

Topic

Family arrangement

Legal area

Court

27 Apr 2021

TO KIT SHEUNG, the sole administrator of the estate of TO SHAK also known as TO SHEK WAN and also known as SHICK DOO, deceased AND ANOTHER v. CHAN SHOOK FUNG NANCY AND ANOTHER

Citation

[2021] HKCFI 1156
Court

Court of First Instance
Case number

HCA2340/2019

The strike-out application failed because the defendants' pleaded defences were not plainly unsustainable: the family arrangement as pleaded concerned proceeds (money) not land so CPO s3 did not necessarily invalidate it, consideration was pleaded, whether the sister was a fiduciary or trustee depended on disputed factual issues (scope of agency and operation of joint accounts) inappropriate for summary disposal, and limitation issues depended on whether a trust existed, therefore the Defence could not be struck out under O18 r19(1)(a).
11 Jul 2018

NG YUK MUI v. NG KAMMI YU NING APPOINTED BY ORDER DATED 30 SEPTEMBER 2015 TO REPRESENT THE ESTATE OF NG HOI, DECEASED AND OTHERS

Citation

[2018] HKCFI 1712
Court

Court of First Instance
Case number

HCA53/2012

The application to amend the RRASOC was refused because it was late with no adequate explanation, the proposed amendments (notably alleging a family arrangement, breach of trust and knowing receipt) lacked particulars and would raise new factual issues requiring evidence from the deceased who is now dead, thereby causing unfair prejudice to defendants (particularly the estate and D2) that could not be cured by costs or adjusted trial dates.
20 Apr 2018

KI PING KI PAUL v. WONG ON YEE AND ANOTHER

Citation

[2018] HKDC 419
Court

District Court
Case number

DCCJ5787/2017

Plaintiff deliberately omitted material facts in his ex parte application (ownership history, prior negotiations, use of premises and prior notices); therefore the interlocutory injunction was properly discharged for material non-disclosure and the application for extension of time to seek leave to appeal is refused because the proposed appeal lacks a reasonable prospect of success and granting an extension would cause prejudice.
29 Nov 2016

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

On the facts and documents the court found Vivien owed fiduciary duties and breached them by failing to disclose material information and by acting in conflict; Proposal A requires each daughter to transfer one third in value of assets received to Yang; CHL transfers were a sham and Vivien held relevant interests on trust; Timford is beneficially Yang’s; the Disputed Agreements are rescinded for equitable reasons and Yang is entitled to elect equitable compensation or an account for profits; counterclaim dismissed.
20 Dec 2007

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS

Citation

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS
Court

Court of First Instance
Case number

HCA4067/2001

The Family Arrangement created an enforceable trust in relation to the fenced area such that each named family member was allotted a specific portion and the defendant Yat On was a trustee in respect of those allotments; however there was no partition of proprietary interest in Lot 1139 RP so the sisters could not be declared owners of one-sixth of Yat On's three-fifths interest; nevertheless Yat On must give an account and pay over sums due from the resumption compensation corresponding to the sisters' allotted portions.
8 Mar 2005

LEE SAN v. LEE (LI) MAN FAT AND OTHERS

Citation

LEE SAN v. LEE (LI) MAN FAT AND OTHERS
Court

Court of First Instance
Case number

HCA4245/2001

The action was dismissed because the plaintiff's delay was inordinate and inexcusable, he failed to comply with interlocutory directions or to instruct new solicitors after his solicitors ceased, and the delay was likely to cause serious prejudice to defendants (notably by maintaining lis pendens that hinder defendants' free exercise of property rights and impair joint development arrangements), thus warranting dismissal in the exercise of the court's discretion.

Hong Kong Case Law

TO KIT SHEUNG, the sole administrator of the estate of TO SHAK also known as TO SHEK WAN and also known as SHICK DOO, deceased AND ANOTHER v. CHAN SHOOK FUNG NANCY AND ANOTHER

NG YUK MUI v. NG KAMMI YU NING APPOINTED BY ORDER DATED 30 SEPTEMBER 2015 TO REPRESENT THE ESTATE OF NG HOI, DECEASED AND OTHERS

KI PING KI PAUL v. WONG ON YEE AND ANOTHER

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS

LEE SAN v. LEE (LI) MAN FAT AND OTHERS