Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Partition (order for sale)

  • 18 Apr 2024

    LEE TUNG KIN MANDA v. CHAN YAN WING VIVIEN AND ANOTHER

    Citation
    [2024] HKDC 554
    Court
    District Court
    Case number
    DCCJ2302/2019

    The court found on the balance of probabilities that there was a common intention between Lee and Ivy that Vivien hold legal title as nominee and that Lee and Ivy were equal beneficial owners; Lee's direct contribution to half the downpayment and incidental payments and the parties' conduct justified a common intention constructive trust. Vivien's remortgage (BEA Mortgage) without consent constituted a breach of trust (with Ivy's instigation), equitable accounting and credits were appropriate, and an order for sale under the Partition Ordinance was granted; the defendants' counterclaim failed…

  • 11 Jun 2021

    MOK WING YI v. TAM SHUK WAH MARY

    Citation
    [2021] HKCFI 1630
    Court
    Court of First Instance
    Case number
    HCA1736/2018

    There was an express/common intention that beneficial shares follow the parties' contributions; plaintiff detrimentally relied on that agreement; it would be unconscionable for defendant to assert the 70:30 legal title; accordingly plaintiff beneficially owns 73.68% and defendant 26.32%, defendant holds 3.68% on trust for plaintiff and must account and pay sums due with interest; an order for sale is appropriate subject to Director of Lands' non-objection.

  • 25 May 2018

    HO KWOK WING v. CHAN MEI MUI

    Citation
    [2018] HKCFI 1135
    Court
    Court of First Instance
    Case number
    HCA2178/2014

    The judge found on credibility and documentary evidence that the severance notice was prepared and registered without the plaintiff's knowledge and not with an intention to dispose of or create a trust in his favour; the suit property was acquired and paid for by the defendant who intended to be sole beneficial owner; the plaintiff's pleaded bases for trust or disposition were insufficient; accordingly the plaintiff's claim was dismissed and judgment entered for the defendant on her counterclaim.