30 Jun 2020
On the evidence and applying the Jones v Kernott framework, the court accepted Yung's contemporaneous payments and conduct, found that the parties intended the beneficial interest to be Yung's alone, that Mok had no beneficial interest, and therefore no beneficial interest vested in the Trustees on Mok's bankruptcy; the Trustees' summons is dismissed.
15 May 2020
Minor drafting defects in the loan documents did not render the genuine commercial loans and the registered mortgage unenforceable; the plaintiff proved outstanding sums and entitlement to default and contractual interest; partition of the small flat was impracticable so, balancing interests objectively, the court ordered sale under s6 PO with specified sale price floors and directed allocation of proceeds to satisfy prior encumbrances, the plaintiff’s judgment and costs.
2 May 2018
The Court of Appeal allowed the appeal because it was not obviously unsustainable as a matter of law to treat the memorandum as an enforceable agreement: a reasonable argument existed that an implied term (completion within a reasonable time) could be read into the memorandum and substantial factual disputes required a full hearing; the summary dismissal was therefore erroneous and the originating summons was remitted to the Court of First Instance to be heard with HCA 1787/2015.
24 Dec 2015
The court found on the evidence a common intention at acquisition that the father, Mr Tse and Madam Lam would share beneficial ownership equally; equity follows the legal title in joint names and plaintiff proved one-third beneficial interest; partition was impracticable (single residential flat) and sale under section 6 of the Partition Ordinance was appropriate, with net proceeds to be divided equally subject to mortgage and adjustments specified.