Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Partition of property

Legal area

Court

17 Jul 2018

HSU KIM MING, THE EXECUTOR OF THE ESTATE OF LO SOOK HING, DECEASED v. CHUI YUK FEI

Citation

[2018] HKDC 815
Court

District Court
Case number

DCMP230/2015

Defendant failed to discharge the heavy burden of proving an express common intention that he was sole beneficial owner and failed to prove detrimental reliance or traceable contributions to the purchase price; accordingly equity follows legal title, claims in constructive trust, resulting trust and estoppel are dismissed; it is impracticable to partition, so an order for sale under s6 Partition Ordinance is warranted; the tenancy agreement executed by one joint tenant is invalid.
22 Aug 2017

YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN the Administratrix of the Estate of YEUNG HUNG HEI PATRICK, Deceased

Citation

YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN the Administratrix of the Estate of YEUNG HUNG HEI PATRICK, Deceased
Court

Court of First Instance
Case number

HCA2812/2015

Leave to adduce handwriting expert evidence was granted because the authenticity of the disputed Letter is relevant to a central factual dispute (whether the Gift was subject to oral conditions), expert opinion is likely to assist the trial judge, the estimated expert costs are proportionate to the value of the interests at stake, and the interests of justice outweigh the delay and prejudice from adduction of such evidence.