Hong Kong Case Law: Decisions & Judgments

Topic

Powers of attorney

Legal area

Court

14 Apr 2025

HSU CHING FANG v. NG CHOR KUEN AND OTHERS

Citation

[2025] HKCA 348
Court

Court of Appeal
Case number

CACV113/2023

The Court affirmed the Recorder's factual finding that the Deceased made an immediate inter vivos gift of his beneficial interest in the Bestfibre shares at the Dinner and instructed trustees to transfer legal title later; Vandervell does not establish that such a gift is imperfect merely because legal title was not conveyed before death; the Recorder's assessment of evidence and conclusion that the parties agreed the 55:45 distribution supported by mutual promises was open on the evidence; the appeal was therefore dismissed.
14 Nov 2023

WONG KOON WAH v. ALL PERSONS IN OCCUPATION OF LOT NO. 775 IN DEMARCATION DISTRICT 216 AND ANOTHER

Citation

[2023] HKCA 1279
Court

Court of Appeal
Case number

CACV12/2021

The Court accepted the trial judge's adverse credibility findings, upheld that the 1979 power of attorney was genuine, and concluded on the facts that the 2nd defendant and its predecessors acquired and exercised possession and equitable rights by reason of resulting trust/proprietary estoppel and by adverse possession for the requisite period; accordingly the plaintiff's appeal failed and the 2nd defendant's declarations and possessory findings stand.
15 Mar 2023

HSU CHING FANG v. NG CHOR KUEN AND OTHERS

Citation

[2023] HKCFI 725
Court

Court of First Instance
Case number

HCMP651/2014

On the balance of probabilities the Deceased made an immediate and outright inter vivos gift of his beneficial interest in the 8,000,000 Bestfibre shares to the Plaintiff and the 3rd Defendant at the 25 August 2011 Dinner; the parties validly agreed to divide that beneficial interest 55% to the Plaintiff and 45% to the 3rd Defendant; the 1st and 2nd Defendants hold the legal title on trust for them and must transfer 4,400,000 and 3,600,000 shares respectively.
22 Mar 2022

HO YAT WAH v. CHUNG HANG HIM (鍾衡謙), the Sole Executor named in the Will of Madam CHAN YUK MUI, deceased

Citation

[2022] HKCFI 791
Court

Court of First Instance
Case number

HCA731/2014

The claimant failed to prove the existence of an oral trust agreement or any express common intention; the conduct and contemporaneous documentary and bank evidence did not support that the deceased held the assets as trustee for the plaintiff; many transfers from plaintiff were more consistent with gifts, general support, or repayments under an overdraft/loan facility and the deceased had independent financial resources; consequently neither a common intention constructive trust nor a resulting trust arose; the court awarded the plaintiff reimbursement for medical expenses he proved and foun…
15 Mar 2021

QL CREDIT GAIN FINANCE CO LTD, previously known as HONG KONG CREDIT GAIN FINANCE CO LTD v. BOK FAT YUEN SPENDER AND OTHERS

Citation

[2021] HKCFI 679
Court

Court of First Instance
Case number

HCA429/2016

The court was satisfied on the evidence that the Son procured the loan and Legal Charge/Mortgage by fraud and that the Parents were innocent; because the parties consented to settlement and the relief is necessary to clear title and prevent future misuse, the court granted declarations that the Documents and Legal Charge/Mortgage are unenforceable and void, and ordered vacatur of registration and delivery up/cancellation of instruments in terms of the draft consent order.
18 Mar 2019

MUI SO BING v. WAN CHI SHING AND OTHERS

Citation

[2019] HKCFI 595
Court

Court of First Instance
Case number

HCA1698/2017

Court found the 2008 and 2011 Powers of Attorney valid and that CS Chan was authorized; plaintiff proved existence of oral agreements and payments totaling HK$12,041,433 to CS Chan; plaintiff failed to establish a resulting trust over the houses because she did not pay for the purchase of the underlying lots (owners were already the Wans) and the claim of a resulting trust was conceptually misplaced and unpleaded constructive trust could not be substituted; however, on unjust enrichment the Wans were unjustly enriched to the extent of the payments received (HK$6,020,216.50 from the 1st Defend…
13 Oct 2017

KP FINANCIAL SERVICES LTD v. LI KA MAN AND OTHERS

Citation

KP FINANCIAL SERVICES LTD v. LI KA MAN AND OTHERS
Court

Court of First Instance
Case number

HCA1922/2015

The court refused to order exchange of formal pleadings between KPFS and AH&Co because Order 16 r1(1)(c) allows joinder to have specified issues determined binding on a third party without a present claim against it, the issues in the notices were sufficiently defined (subject to possible refinement), and succinct statements or an agreed statement of issues are an appropriate alternative to full pleadings at this interlocutory stage.
5 Oct 2016

LEUNG SHUI LUN v. DISTRICT LANDS OFFICE OF TAI PO LANDS DEPARTMENT AND OTHERS

Citation

LEUNG SHUI LUN v. DISTRICT LANDS OFFICE OF TAI PO LANDS DEPARTMENT AND OTHERS
Court

District Court
Case number

DCMP4/2016

The originating summons was struck out because the plaintiff failed to plead or adduce the necessary particulars or evidence to support the central allegation that squatter control number(s) were assigned to the structures; the allegation of misrepresentation/fraud was unparticularised and therefore vexatious and frivolous; additionally the plaintiff lacked locus standi to sue in the capacity claimed because a power of attorney cannot be granted by an administrator in that context, rendering the proceedings an abuse of process.
6 Jan 2016

HO YIU SUM v. HO YIU LEUNG KENNY

Citation

HO YIU SUM v. HO YIU LEUNG KENNY
Court

Court of First Instance
Case number

HCAP20/2015

The summons for appointment of administrators pendente lite was not well founded because the disputed cash sum was modest and recoverable only by separate proceedings, the funeral had been completed removing urgency, suspicious execution allegations were matters for trial, and appointment would not protect or meaningfully preserve the estate; accordingly leave to withdraw was granted but defendant ordered to pay the plaintiff's costs to be taxed if not agreed.
4 Oct 2013

KIN MING HOLDINGS INTERNATIONAL LTD v. LIN MAN YUAN AND ANOTHER

Citation

KIN MING HOLDINGS INTERNATIONAL LTD v. LIN MAN YUAN AND ANOTHER
Court

Court of Appeal
Case number

CACV216/2012

Both the Power of Attorney and the agency agreement expired on 28 October 2010 and there was no evidence of a supplemental agreement or of the defendants' acquiescence in the agent's continued intimidatory acts; on that basis the court was not satisfied beyond reasonable doubt that the defendants were in contempt and the appeal was dismissed.