Hong Kong Case Law: Decisions & Judgments

Topic

Inter vivos gift

Legal area

Court

3 Mar 2026

YAN MEI and YAN DONG the Joint and Several Administrators of the Estate of FONG LAP CHUNG GEORGE, Deceased AND ANOTHER v. FONG LAP SHAN

Citation

[2026] HKCFI 1339
Court

Court of First Instance
Case number

HCA104/2023

The summons was dismissed because the Unless Order debarred P1 from defending the counterclaim but did not expressly strike out the defence or convert debarment into a deemed failure to file a defence under Order 19 r7; judgment on counterclaim cannot be entered without proof at trial and cannot be used to obtain collateral 'domino' reliefs beyond the pleaded claims; the present application was an impermissible attempt to obtain relief previously refused and was an abuse of process; remedies for non-compliance with court orders lie elsewhere and sanctions must be expressly and proportionately…
28 Jan 2026

LAU SAU MAN also known as MIMI LEONG v. LAU YU FUN AND OTHERS

Citation

[2026] HKCFI 113
Court

Court of First Instance
Case number

HCA3398/2016

Judge accepted contemporaneous documentary evidence (attendance note, will, executed conveyancing documents) and evidence of solicitors/clerks over delayed recollections of elderly parties; found plaintiff intended to gift properties and had taken all steps within her power (including executing PoA and conveyancing documents) so gifts were completed; PoA was validly executed; unpleaded conditional gift argument was rejected as unfair and prejudicial; therefore claims for fraudulent misrepresentation, conspiracy, breach of fiduciary duty, dishonest assistance, knowing receipt, lack of consider…
27 Jan 2026

CHEN YUE JIA JAMES, EXECUTOR OF THE ESTATE OF WONG SHOU CHEN alias WONG SAU CHUN v. CHEN MARIA (also known as MARIA CHEN FANG and MARIA FANG)

Citation

[2026] HKCFI 508
Court

Court of First Instance
Case number

HCA519/2022

The court refused to strike out the defendant’s amended defence and counterclaim and refused summary judgment because it was not plain and obvious that the defendant’s case amounted to an abuse of process or was inconsistent with prior proceedings: ownership of the contested items and deposits was not determined in the earlier validity proceedings, the defendant’s explanations were not inherently unbelievable, and the matters require trial; accordingly interlocutory relief was inappropriate and the defence stands to be tried.
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. JOLLIDA ENTERPRISES LTD AND OTHERS

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA2428/2015

The court found the plaintiff's case undermined by the deceased's contemporaneous sworn divorce disclosures (Form E) and by the overall pattern of shareholdings and contemporaneous board minutes and documents; the defendants' account that the allotments and transfers were intended as gifts was accepted as the more credible explanation of events and intention; common intention constructive trust could not be relied on as it was not pleaded; the untested hearsay evidence of the deceased was given limited weight and was insufficient to displace documentary and contemporaneous evidence, therefore…
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. GOLD & SILVER ENTERPRISES COMPANY LTD AND OTHERS

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA2550/2015

On the evidence the Court accepts the respondents’ account that the contested allotments and transfers were inter vivos gifts; the deceased’s inconsistent sworn position in contemporaneous divorce proceedings (Form E) and the pattern of shareholdings, together with contemporaneous corporate minutes and conduct, outweigh untested later assertions of trust; therefore no trust arises and the plaintiff’s proprietary claims fail.
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. HARVEST WIN DEVELOPMENT LTD AND ANOTHER

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA1230/2015

The court concluded that the transfers and allotments were inter vivos gifts, not trusts. Key reasons were the deceased's inconsistent sworn disclosures in the divorce Form E and other contemporaneous documents, the pattern and contemporaneous conduct (board resolutions, meetings, recorded conversation, attendance notes) supporting gifts, absence of properly pleaded common intention constructive trust, and credible live evidence from defendants. Plaintiff’s untested post‑hoc statements and late statutory declarations did not displace the legal title. Accordingly plaintiff’s claims dismissed a…
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. DALNY ESTATES LTD AND OTHERS

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA2426/2015

On the entirety of the evidence the plaintiff failed to discharge the onus of proving that the shares and company assets were held on trust; contemporaneous documents and conduct (including sworn Form E disclosures in the divorce proceedings, board resolutions, share allotment patterns and other contemporaneous material) and the implausibility and inconsistency of the deceased’s later untested accounts established that the transfers and allotments were intended as inter vivos gifts; common intention constructive trust was not properly pleaded and evidence of detrimental reliance was absent; t…
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. SILVER DOOR DEVELOPMENT LTD AND OTHERS

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA726/2015

The court found the deceased's pleaded case inconsistent with contemporaneous sworn statements in divorce proceedings and with the overall shareholding pattern and documentary evidence; the defendants' contemporaneous accounts and documentary matrix (board minutes, communications, actions in 2008) demonstrating intention to gift were preferred; the claimant could not establish a pleaded common intention constructive trust and had not discharged the onus to show the legal and equitable title diverged; accordingly the transfers and allotments were held to be gifts and the trustee/resulting trus…
14 Apr 2025

HSU CHING FANG v. NG CHOR KUEN AND OTHERS

Citation

[2025] HKCA 348
Court

Court of Appeal
Case number

CACV113/2023

The Court affirmed the Recorder's factual finding that the Deceased made an immediate inter vivos gift of his beneficial interest in the Bestfibre shares at the Dinner and instructed trustees to transfer legal title later; Vandervell does not establish that such a gift is imperfect merely because legal title was not conveyed before death; the Recorder's assessment of evidence and conclusion that the parties agreed the 55:45 distribution supported by mutual promises was open on the evidence; the appeal was therefore dismissed.
13 Mar 2025

FUNG WAI MAN, the person appointed to represent the estate of FUNG KWOK YAN (also known as FUNG YAN), deceased (by an Order dated 23rd September 2019) v. FUNG YUEN LUN

Citation

[2025] HKCFI 1035
Court

Court of First Instance
Case number

HCA879/2019

The Court found the defendant's evidence unreliable, inconsistent and evasive; there was no contemporaneous or credible evidence that the deceased intended an absolute gift of HK$8,500,000. Given the inherent improbability, missing/dubious documentary support (the Deposit Slip issue) and the defendant's admissions to a third party, the defendant failed to prove a gift. Consequently the withdrawal and transfer constituted a breach of fiduciary duties and the Disputed Amount is held on trust for the Estate, repayable with interest and costs.