Hong Kong Case Law

19 Nov 2020

BAO YUAN FINANCE LTD v. LUO GUIYING AND OTHERS

Citation

[2020] HKCFI 2942

Court

Court of First Instance

Case number

HCMP968/2019

On the evidence before the court it was not arguable that Zhang had a beneficial interest: the contemporaneous intention was that Zhang gifted the property to Fang (and the DOT supports that Fang is sole beneficial owner), so no resulting trust arose in Zhang's favour; further, even if Fang had a beneficial interest that interest would not bind P because P was a subsequent bona fide mortgagee protected by LRO s.3(2). Therefore P's possession claim succeeds and the preliminary questions are answered in the negative.

• Possession order
• Resulting trust
• Constructive trust
• Priority of interests
• Land registration ordinance s.3(2)
• Validity and effect of declarations of trust

23 Nov 2005

POWER ALLIANCE INVESTMENT LTD v. LAU KAI PIU

Citation

POWER ALLIANCE INVESTMENT LTD v. LAU KAI PIU

Court

Court of First Instance

Case number

HCA815/2005

The appeal was dismissed because the court was not satisfied that the defendant's evidence was inherently unbelievable and because the legal question whether an exercised option could create an equitable lease falling within the proviso to s.3(2) LRO was not suitable for summary determination; accordingly plaintiff was not entitled to summary judgment.

• Registration of leases
• Options to renew
• Summary judgment
• Priority of equitable interests
• Walsh v lonsdale
• Land registration ordinance s.3(2)

11 May 1992

AMPLE TREASURE LTD v. EIGHT GAIN INVESTMENTS LTD

Citation

AMPLE TREASURE LTD v. EIGHT GAIN INVESTMENTS LTD

Court

Court of First Instance

Case number

HCMP973/1992

Plaintiff established good marketable title because there is no evidence the donor died within three years of the 1981 gift and no evidence the plaintiff had actual or constructive notice of such a death at the time of its 1990 purchase; absent notice the proviso to s.18(1) protects the purchaser, and in any event any unregistered statutory memorial would be void against a subsequent bona fide purchaser under s.3(2) LRO, so the defendant's requisition was sufficiently answered.

• Good marketable title
• Bona fide purchaser without notice
• Estate duty ordinance s.18
• Land registration ordinance s.3(2)
• Deed of gift
• Latent estate duty charge

LEUNG PING t/a SUN WIN WAH IRON FOUNDRY v. LEE CHUNG INDUSTRIAL CO LTD

Citation

LEUNG PING t/a SUN WIN WAH IRON FOUNDRY v. LEE CHUNG INDUSTRIAL CO LTD

Court

Court of Appeal

Case number

CACV47/1970

Because the defendant asserted a yearly tenancy and there was no evidence of a lease exceeding three years, s.3(2) of the Land Registration Ordinance was inapplicable; accordingly the trial judge must be asked to certify whether he in fact found a tenancy and its terms, and any decision based solely upon the Ordinance cannot stand.

• Tenancy
• Lease
• Land registration ordinance s.3(2)
• Finding of fact