Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Life interest

  • 24 Feb 2025

    黃劍鳴 對 黃美娟

    Citation
    [2025] HKDC 237
    Court
    District Court
    Case number
    DCMP533/2018

    On the evidence the plaintiff paid the deposit, made the mortgage repayments and documentary contemporaneous records support that plaintiff and his brother acquired and later transferred sole title to plaintiff; the defendant failed to prove a common intention constructive trust or a life interest; therefore plaintiff is sole legal and beneficial owner, defendant has no beneficial interest or life interest, plaintiff did not remove or damage the defendant's alleged items, and the defendant must deliver vacant possession and pay mesne profits and costs.

  • 9 Jun 2022

    WONG KAI FOOK v. WONG KING CHAN

    Citation
    [2022] HKCFI 1652
    Court
    Court of First Instance
    Case number
    HCA2621/2018

    The court found a mutual oral understanding: Defendant bought the Property in her name and paid downpayments/ancillary acquisition costs; Plaintiff agreed to and in practice paid the monthly mortgage instalments and related expenses and was entitled to exclusive occupation for life. On these facts the appropriate equitable relief was a declaration of a life interest in favour of the Plaintiff (exclusive occupation during his lifetime) rather than a declaration that beneficial ownership be shared as pleaded; counterclaim dismissed and each party to bear own costs.

  • 14 Aug 2020

    TANG SZE KIN v. TANG OI LING

    Citation
    [2020] HKDC 660
    Court
    District Court
    Case number
    DCCJ1504/2018

    Court found no clear and unequivocal promise by Mother or by the plaintiff to grant the defendant a life interest, the defendant was not a credible witness, reliance and detriment as pleaded were not established, and therefore proprietary estoppel did not arise; judgment entered for the plaintiff with orders for transfer of title, vacant possession, mesne profits and costs (nisi for indemnity).

  • 27 Sept 2019

    CHENG HUI CHIN v. FUPO INVESTMENTS LTD

    Citation
    [2019] HKCFI 2394
    Court
    Court of First Instance
    Case number
    HCA2487/2014

    Court found no reliable evidence that the father made clear irrevocable representations conferring a life interest or licence to occupy; proprietary estoppel and licence claims therefore failed; the informal family tenancies (the two corporate tenancy agreements) were not continued as legally enforceable tenancies after expiry and Hope 88 lacked locus to sue; Fupo and Fook Hong were entitled to possession of Flat 6D and Car Port 3 and mesne profit from dates specified; other procedural and factual uncertainties in Actions 4 and 5 required draft orders to be submitted.

  • 27 Sept 2019

    FOOK HONG HOLDINGS LTD v. MA WING KWONG

    Citation
    [2019] HKCFI 2394
    Court
    Court of First Instance
    Case number
    HCA2303/2014

    The court found on the evidence that the father did not make the alleged representations; proprietary estoppel, gift or licence to grant a life interest failed; the informal family tenancy arrangements ended at expiry of the written tenancies; Hope 88 lacked locus and was dismissed; Fupo and Fook Hong were entitled to possession and mesne profit from specified post-death/ writ dates.

  • 22 Mar 2019

    LKFJ v. CFH

    Citation
    [2019] HKFC 75
    Court
    Family Court
    Case number
    FCMC10082/2016

    On the facts the court concluded that the 1st Intervener made the entire contribution to acquisition and repayment of the G/F Property so a common intention constructive trust arises: the 1st Intervener is sole beneficial owner and the Husband holds his half on trust for the 1st Intervener; the 1/F Property was transferred by the Deceased in contemplation of her death as a gift for the 2nd Intervener via transfer into the Husband's name to be held on trust, and the Husband voluntarily assumed fiduciary duties so a fiduciary duty trust arises leaving the 2nd Intervener as sole beneficial owner…

  • 20 Feb 2019

    CHOI YUK YING v. NG NGOK CHUEN

    Citation
    [2019] HKCA 171
    Court
    Court of Appeal
    Case number
    CACV39/2018

    The Court upheld the trial judge's factual finding that there was no evidence the Father imposed a legal life interest in rental income; the revocable powers of attorney were inconsistent on their face with an enforceable life interest or equitable assignment; the Mother failed to prove consideration or a legal transfer of future rents; the judge properly refused leave to amend to plead a constructive trust as the cause was not obvious from the pleadings; the copying of respondent's submissions did not displace the presumption of judicial independence given the judge's independent findings on…

  • 20 Feb 2019

    CHOI YUK YING v. NG NGOK CHUEN

    Citation
    [2019] HKCA 171
    Court
    Court of Appeal
    Case number
    CACV230/2017

    On the facts, the court found no binding condition by the Father creating a life interest in rental income for the plaintiff; the documentary evidence (including revocable powers of attorney) and the parties' conduct contradicted the existence of an equitable assignment or trust; the judge rightly refused leave to amend to plead a constructive trust and did not err such as to require a retrial; appeals dismissed.

  • 29 Oct 2018

    NG SHING CHIT v. LEE KIN CHU by her guardian ad litem GO MAN YIN

    Citation
    [2018] HKCFI 2395
    Court
    Court of First Instance
    Case number
    HCA1228/2015

    On the balance of probabilities the court preferred the evidence of the Defendant and her son and found that the Defendant paid HK$128,000 for the 1989 assignment; the Plaintiff failed to prove an express trust or any enforceable representation entitling him to the Property despite having repaid the bank loans; accordingly the Plaintiff's claim was dismissed and the registered title remained vested in the Defendant.

  • 18 Sept 2017

    CHOI YUK YING v. NG NGOK CHUEN

    Citation
    CHOI YUK YING v. NG NGOK CHUEN
    Court
    Court of First Instance
    Case number
    HCA1853/2014

    The court found the plaintiff's evidence unreliable on key points, accepted the defendant's evidence, and held there was insufficient credible evidence that the 1986 transfers were made subject to a legally binding condition granting Madam Choi a life interest in the rental income; the 1986 power of attorney did not operate as an assignment of beneficial entitlement to rents and the claim therefore fails.