Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Resulting/express trust

  • 26 Sept 2023

    CHUNG YAN WING 對 KO HOI SI

    Citation
    [2023] HKCA 1110
    Court
    Court of Appeal
    Case number
    CAMP99/2023

    The application for leave to appeal was dismissed because the proposed grounds merely reargued contested factual findings without demonstrating any material legal error or palpable misdirection by the trial judge; the applicant failed to show a reasonable prospect of success as required by s63A(2); accordingly leave and stay were refused and costs were awarded to the respondent on a compensatory basis, with a provisional assessment of HKD 70,000, and the applicant was barred from seeking oral reconsideration under O.59 r2A(8).

    • Beneficial ownership
    • Resulting/express trust
    • Mesne profits
    • Leave to appeal
    • Stay of execution
    • Assessment of costs

  • 14 Dec 2011

    MIR, ABDUL REHMAN v. MIR, HEENA

    Citation
    MIR, ABDUL REHMAN v. MIR, HEENA
    Court
    Court of First Instance
    Case number
    HCMP1347/2008

    The court preferred the Defendant's evidence that a physical assault occurred and that illegitimate pressure continued thereafter; the 2006 Deed was therefore procured by duress and is voidable and has been avoided by the Defendant; there was no credible evidence to establish an express or resulting trust in 2001 (Plaintiff's will amendment contemporaneous with the 2001 Deed indicated intent to divest); accordingly Plaintiff's partition and declaration claims fail, the 2006 Deed is set aside, and Defendant entitled to damages (HKD100,000 general; HKD40,000 aggravated), interest and costs.

    • Partition ordinance s.6
    • Deed of gift
    • Duress (voidable contract)
    • Resulting/express trust
    • Declaration
    • Pain, suffering and loss of amenities (psla)

  • 13 Oct 2006

    CHAN SHEE YUEN v. CHAN SHU FONG

    Citation
    CHAN SHEE YUEN v. CHAN SHU FONG
    Court
    Court of Appeal
    Case number
    CACV194/2006

    The deed of gift established the plaintiff's beneficial 1/5 interest; the defendant failed to prove he provided the purchase funds or that the plaintiff held the interest on trust for him; under the Partition Ordinance the property should be sold and proceeds divided (1/5 plaintiff, 2/5 defendant), and the plaintiff is entitled to damages for continuing deprivation including the period before issuance of the writ.

    • Partition
    • Sale of property
    • Deed of gift
    • Resulting/express trust
    • Joinder of parties
    • Continuing tort/denial of access