Hong Kong Case Law: Decisions & Judgments

Topic

Presumption of undue influence

Legal area

Court

9 Feb 2026

KWAN SHIU YIN LOUIS as the Executor of the Estate of KWAN MAN CHOCK v. KWAN PO CHUEN PAULA

Citation

[2026] HKCA 212
Court

Court of Appeal
Case number

CACV50/2024

The Court refused leave to appeal on the principal questions because the defendant's challenge was not reasonably arguable or was hypothetical/not of general public importance; the Court held the trial judge erred in adopting a 'totality approach' misreading Li Sau Ying and confirmed Li Sau Ying is consistent with Etridge's twin‑requirement framework; the Court ordered that the action be retried limited to the issue of undue influence before another judge and granted limited procedural relief to permit amendment of the notice of motion but dismissed the application for leave to appeal to the…
31 Jan 2023

MA PIK YEE v. HERUKA HAYAGRIVA MAHAKALA CHU

Citation

[2023] HKCFI 268
Court

Court of First Instance
Case number

HCA1412/2020

Court found on the paper materials that (1) the relationship objectively amounted to a spiritual/religious leader-follower relationship giving rise to a Class 2A presumption; (2) the transfers and payments called for explanation and were manifestly disadvantageous; (3) the defendant failed to raise a believable or sufficient rebuttal in respect of the Lease so summary judgment is justified for the Lease; and (4) in relation to the SP Agreement and Assignment the defendant's defence raised a shadowy but arguable case therefore conditional leave to defend was appropriate subject to conditions a…
9 Mar 2017

CITIBANK, N.A. v. YORK STAR CO LTD AND OTHERS

Citation

CITIBANK, N.A. v. YORK STAR CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA526/2016

The 5th defendant failed to discharge the evidential burden to show that his signatures did not represent informed consent or to raise a bona fide triable issue; the guarantees contained explicit bilingual warnings and there was evidence the bank officer explained them, so the presumption of undue influence was weak and was rebutted; summary judgment was correctly entered and the appeal is dismissed.
14 Apr 2009

WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS

Citation

WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS
Court

Court of First Instance
Case number

HCA1494/2008

The 1st defendant's evidence was not credible or reliable and did not establish actual undue influence; on the facts the guarantee was explicable by ordinary motives (family company, defendant's employment and benefits from company continuing), the plaintiff was not put on inquiry and had grounds to treat the transaction as not obviously disadvantageous; accordingly the defendant failed to raise a triable case to defeat summary judgment. Leave to defend was nonetheless granted conditionally to allow limited further evidence on means before conditions are fixed.
21 Jul 2004

BANK OF CHINA (HONG KONG) LTD v. CHEUNG LUEN KWAN AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. CHEUNG LUEN KWAN AND OTHERS
Court

Court of First Instance
Case number

HCA3385/2002

The court found D2 did not place a sufficient degree of trust and confidence in D1 regarding his own financial affairs and the guarantee was readily explicable by their commercial relationship and mutual financial interests; therefore the Class 2(B) presumption of undue influence did not arise and the guarantee was enforceable against D2, entitling the plaintiff to judgment.
12 Mar 1997

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another

Citation

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another
Court

Court of Appeal
Case number

CACV242/1996

Appeal dismissed: appellant failed to prove actual undue influence or to establish facts giving rise to a presumption of undue influence against the bank; no evidence that the bank knew or ought to have known of any undue influence by the customer; consequently the mortgage stood and the court properly awarded costs on a solicitor-and-own-client basis in exercise of its s52A discretion consistent with contractual clause and authority.

Hong Kong Case Law

KWAN SHIU YIN LOUIS as the Executor of the Estate of KWAN MAN CHOCK v. KWAN PO CHUEN PAULA

MA PIK YEE v. HERUKA HAYAGRIVA MAHAKALA CHU

CITIBANK, N.A. v. YORK STAR CO LTD AND OTHERS

WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS

BANK OF CHINA (HONG KONG) LTD v. CHEUNG LUEN KWAN AND OTHERS

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another