18 Dec 2008
The judge was entitled to reject the plaintiff's account for lack of documentary support and on credibility; the evidence established that the assignments were genuine transactions (and the third a gift), the plaintiff failed to prove a sham or retained beneficial interest, and therefore the appeal must be dismissed.
30 Jul 2001
The plaintiff proved continuous, exclusive possession and control of the land since the late 1950s without payment or acknowledgment of title; therefore under s.7(2) the defendant lost the right to recover the property and under s.17 the defendant's title was extinguished and vested in the plaintiff.
6 Oct 1999
Given undisputed evidence that the Tso had used and occupied the land since the 1970s without demand or disturbance from the mortgagee, the absence of the defendant and substituted service, and authority in Fung Kam Cheung v. Kwok Yiu Wing, the mortgage endorsed on the Block Crown Lease is incapable of subsistence or is otherwise unenforceable by operation of the Limitation Ordinance.
23 Dec 1997
On the balance of probabilities the judge found Mrs Watson provided funds for one half share and intended to retain a beneficial interest; accordingly Rowena held that half share on trust for Mrs Watson, entitling Mrs Watson (and Christopher as her nominee) to possession and a declaration; the tenancy agreement was irrelevant to that proprietary finding.
29 Jun 1993
The appeal was allowed and the District Judge's interlocutory injunction was discharged because the husband did not possess a right of possession or other legal/equitable right that could be protected by such an injunction; his equitable interest via shareholding was insufficient and the presence of a licensee did not confer enforceable rights against him.