Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Family arrangement and duty of disclosure

  • 25 Nov 2024

    CHOW SUI TAK AND ANOTHER v. CHOW SUI HEI AND ANOTHER

    Citation
    [2024] HKCFI 3360
    Court
    Court of First Instance
    Case number
    HCA1287/2018

    The 2014 Agreement is a binding family arrangement that was not set aside: Tak failed to prove material non‑disclosure, undue influence or economic duress. Specific performance was ordered because damages were inadequate to protect Yuk’s interest and to give effect to the agreed 4:3:1:1:1 distribution of Third Street net sale proceeds. Tak’s counterclaim succeeded only to the extent of 40% of rental income pre‑2015 (HK$216,240) payable by Hei. In the conversion action Hei unlawfully disposed of goods from Unit 12D; abandonment defence failed; damages for conversion proven but discounted for e…

  • 25 Nov 2024

    CHOW SUI HEI v. CHOW SUI TAK

    Citation
    [2024] HKCFI 3360
    Court
    Court of First Instance
    Case number
    HCA2925/2017

    The 2014 Agreement is a valid and enforceable family arrangement despite being a family agreement; the judge found no material non‑disclosure, no undue influence and no economic duress, and ordered specific performance requiring Tak to distribute the net proceeds of the Third Street Property on a 40% (Hei), 30% (Tak), 10% (Chun), 10% (Kwai) and 10% (Yuk) basis; Tak's counterclaim mostly failed except for a payment to Tak of HK$216,240 for 40% of rental income prior to 2015; in the conversion action the court held Hei liable for wrongful disposal of Tak/Kam Yip chattels, rejected abandonment,…