Hong Kong Case Law: Decisions & Judgments

Topic

Gift

Legal area

Court

27 Feb 2026

LAU PING LAM v. CHOI SAU POON AND ANOTHER

Citation

[2026] HKDC 334
Court

District Court
Case number

DCCJ3183/2022

Leave to appeal was refused because the intended appeal did not have a reasonable prospect of success: the trial judge’s conclusion on the Property was supported by overwhelming documentary evidence (including a loan agreement, Document 1 and Lau’s messages) establishing Choi as sole beneficial owner and therefore the outcome would not change even if credibility findings about Lau and Amy were disturbed; procedural and evidential rulings challenged were within judicial discretion and did not produce a viable appeal point.
30 Sept 2021

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO

Citation

[2021] HKCFI 2953
Court

Court of First Instance
Case number

HCA558/2015

Applying Gany, the court inspected primary and hearsay evidence and found defendant's evidence and his son's credible and plaintiff's evidence (GG and supporting documents) unreliable; on balance the transfer was a gift and rebutted the presumption of resulting trust; therefore defendant is legal and beneficial owner since 20 November 1985.
1 Apr 2021

TSE DAO CHUEN v. CHEUNG WAI YAN formerly known as CHEUNG SUET NGOR

Citation

[2021] HKDC 399
Court

District Court
Case number

DCCJ1078/2020

On the facts the court preferred the defendant's account and found the plaintiff intended to make an unconditional gift of 50% beneficial interest to the defendant; plaintiff's allegations of a conditional promise were not proved and claims based on constructive trust, resulting trust or estoppel fail; accordingly the court declared equal beneficial ownership and granted an order for sale under s6 PO subject to deferment not less than six months after the plaintiff's death.
16 Sept 2020

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO

Citation

[2020] HKCFI 2460
Court

Court of First Instance
Case number

HCA558/2015

The application to file the proposed Andreas Ananto witness statement was dismissed because the defendant had not been proven mentally incapacitated; the medical evidence was vague and did not establish inability to testify, and the proposed statement lacked sufficient personal knowledge and was essentially contingent. The application was therefore premature and may be renewed if the defendant's condition materially changes.
15 Jun 2017

YIP MEI NA v. CHOW LAP KWOK PATRICK AND OTHERS

Citation

YIP MEI NA v. CHOW LAP KWOK PATRICK AND OTHERS
Court

District Court
Case number

DCCJ1226/2015

The presumption of resulting trust applied because the defendants provided the purchase funds and the plaintiff failed to rebut that presumption on the balance of probabilities; contemporaneous evidence and witness credibility favoured the defendants, so the plaintiff held the share on resulting trust and defendants were not liable to pay the claimed HK$430,000; additionally the court found the HK$450,000 paid by the 3rd defendant satisfied any claim in any event.
20 May 2016

YAM MAN WAH AND ANOTHER v. YAM WAI CHI SHIRLEY AND ANOTHER

Citation

YAM MAN WAH AND ANOTHER v. YAM WAI CHI SHIRLEY AND ANOTHER
Court

Court of First Instance
Case number

HCA1668/2013

The Registrar allowed the application because the proposed Re-Amended Defence and Counterclaim advance alternative pleas which are expressly permitted under Order 18, rule 10 RHC; the amendments did not amount to withdrawal of prior admissions and the Plaintiffs raised no other substantive objection. Accordingly leave was granted subject to a minor correction and costs directions.
10 Mar 2015

TWC v. LSC

Citation

TWC v. LSC
Court

Court of First Instance
Case number

HCMP3036/2014

The wife failed to show a reasonable prospect of success on the asserted interests of the children and her renewal was refused; the son’s general claim likewise lacked prospect except his specific claim that Belvedere Garden was an intended gift to him was not so unarguable as to be hopeless, therefore leave to appeal on the Belvedere Garden issue was granted and the son must file further evidence and bear the costs of the leave application.
15 Jul 2014

WSS v. DKPA

Citation

WSS v. DKPA
Court

Family Court
Case number

FCMC9725/2012

On the balance of probabilities the court found that: from 1998 to 2008 the wife and mother held the property roughly 50:50 as tenants in common; the 10 July 2008 transfer of the mother's share into the wife's sole name was made as a gift for estate‑planning purposes and divested the mother of any beneficial interest; no express or resulting trust in favour of the grandchildren was established; accordingly the wife is now sole legal and beneficial owner and the property is matrimonial for division purposes.
1 Nov 2013

LO MAN KAM v. LAW MAN WAI

Citation

LO MAN KAM v. LAW MAN WAI
Court

Court of First Instance
Case number

HCA143/2010

On the balance of probabilities the court preferred Kam and Sim's evidence and contemporaneous documents: the deceased intended the transfers to Wai to be shared between Wai and Kam; the payments by Wai to Kam and Sim were repayments of that joint gift; accordingly Wai held funds on trust for Kam and Sim in respect of the sums at issue and Sim is the beneficial owner of the Properties; Kam is entitled to an account of the 6th Aunt's Gift and Wai's claim is dismissed.
14 Nov 2011

LAM YING WAI OLIVER v. CHOW WON KEI

Citation

LAM YING WAI OLIVER v. CHOW WON KEI
Court

Court of First Instance
Case number

HCA2572/2009

On the balance of probabilities the court accepted the plaintiff's account supported by an independent witness and consistent conduct: the parties made an oral joint venture agreement in January 1989 under which plaintiff's monthly payments were contributions toward a 50% beneficial interest in the Property, giving rise to a constructive trust and entitling plaintiff to half the sale proceeds less payments received.