Hong Kong Case Law: Decisions & Judgments

Topic

Fiduciary duty and accounting

Legal area

Court

25 Sept 2017

LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS

Citation

LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS
Court

Court of First Instance
Case number

HCA2306/2012

The court found defendants (Lau Tark Wing and his companies/the Grandmother) held the Father's share of the sale proceeds of Lots 2785 and 3825 and the Rental Proceeds from specified Lot 3763 subdivisions as trust/fiduciary funds for which they failed to account; the alleged oral Arrangement was rejected for lack of credible contemporaneous evidence; the Renunciation of Probate and Deed of Family Arrangement were not proved to have been induced and were not set aside; limitation defenses failed because the claims sought equitable relief to recover trust property or an account and therefore we…
23 Jul 2013

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

Citation

TANG TAK SUM AND ANOTHER v. TANG KAI FONG
Court

Court of First Instance
Case number

HCA2089/2009

No ancestral worship trust was created by the 1939 Division of Family; even if one had been created it was not effectuated in law and in any event the 1976 registration of the Heads of the 4 fongs as tenants-in-common vested the Deceased's interest in them and operated to discharge any customary conditions; the parties and their predecessors acted on a common assumption that the Land was not subject to a trust and Plaintiffs are estopped from asserting inconsistent rights; the Defendant proved presumed ouster by long uninterrupted receipt and use of rents and demonstrated the requisite intent…
25 Jun 1998

Re PEREGRINE INVESTMENTS HOLDINGS LTD.

Citation

Re PEREGRINE INVESTMENTS HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCW20/1998

The Maxwell principles apply in Hong Kong: provisional liquidators who claim remuneration, including on a time basis, must justify their claims by adequate evidence linking time to tasks and demonstrating that a reasonably prudent person would have incurred the expenditure; solicitors' bills are disbursements which must be critically scrutinized and ordinarily paid or taxed by the office-holder before seeking recoupment from the estate; absent adequate proof the court will not approve full payment and will require further evidence and possible taxation or negotiations.

Hong Kong Case Law

LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

Re PEREGRINE INVESTMENTS HOLDINGS LTD.