Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pleading particulars and order 18 r12(1)(b)
  • 25 Jul 2024

    LI CHUN PONG RAYMOND v. LI MAGGIE HANG YUNG

    Citation
    [2024] HKDC 1211
    Court
    District Court
    Case number
    DCCJ367/2020

    Judge rejected plaintiff's evidence as unreliable and accepted defendant's evidence and contemporaneous documentation showing parties held property as tenants in common in equal shares; however defendant's tort claims were dismissed on procedural grounds because particulars required by pleading rules were not pleaded despite evidence suggesting wrongdoing; accordingly declaration of 50/50 beneficial ownership granted and sale ordered under Partition Ordinance; costs ordered as no order due to misconduct and drafting failures by both parties.

    • Beneficial ownership
    • Common intention constructive trust
    • Partition and sale of property
    • Tort of intimidation
    • Tort of harassment
    • Pleading particulars and order 18 r12(1)(b)