Hong Kong Case Law: Decisions & Judgments

Topic

Pleadings and cause of action

Legal area

Court

30 Jun 2023

YYT v. CCM AND OTHERS

Citation

[2023] HKFC 110
Court

Family Court
Case number

FCMC4498/2016

Leave to appeal was refused because the intended appeal had no reasonable prospect of success: the trial judge applied the correct legal principles for ancillary matrimonial proceedings, was entitled to consider evidence despite imperfect pleadings, evaluated intention holistically, correctly invoked presumptions (including resulting trust) after finding the husband funded the acquisitions, and the challenged findings of fact were not plainly wrong or legally erroneous.
5 Jul 2017

WONG MALVIN MAN FUNG v. KAN ON TAI as the manager of KAN SAU CHEUNG TSO AND OTHERS

Citation

WONG MALVIN MAN FUNG v. KAN ON TAI as the manager of KAN SAU CHEUNG TSO AND OTHERS
Court

District Court
Case number

DCCJ1770/2013

The court found service to the TSW address was not valid because the plaintiff knew the defendants' last known address was Section B; the plaintiff then delayed more than three years in prosecuting the action and enforcing the injunction; additionally the statement of claim failed to plead the basis for the claimed right of way and did not disclose a reasonable cause of action. Having balanced the factors the injunction was set aside and not re-granted, with costs to the 3rd defendants.
7 Nov 2013

SIT YIU KWONG v. NG FUNG CHA, KATHLEEN

Citation

SIT YIU KWONG v. NG FUNG CHA, KATHLEEN
Court

District Court
Case number

DCCJ1916/2011

On the balance of probabilities the court accepted the defendant's account and rejected the plaintiff's: the HK$350,000 transfers were payments for renovation, furniture and appliances for the plaintiff's property in contemplation of cohabitation and were not loans; the plaintiff's claim for HK$54,376 failed because no proper cause of action was pleaded and there was no proven creditor-debtor relationship; claim dismissed and costs awarded to defendant.

Hong Kong Case Law

YYT v. CCM AND OTHERS

WONG MALVIN MAN FUNG v. KAN ON TAI as the manager of KAN SAU CHEUNG TSO AND OTHERS

SIT YIU KWONG v. NG FUNG CHA, KATHLEEN