Hong Kong Case Law: Decisions & Judgments

Topic

Service/default judgment

Legal area

Court

6 May 2025

CHAN CHUN HANG v. CAO MING NAN AND OTHERS

Citation

[2025] HKDC 644
Court

District Court
Case number

DCCJ2655/2013

Evidence established on balance of probabilities that the claimed parts of the Lot (Pink Land by D1-5; Brown Land, Hash Pink Land and Blue Wall by unit owners and D13; Red, Orange and Purple Lands as occupied by D11 and D12) were enclosed and exclusively used by defendants or unit owners from c.1996/97 (or by 1999 for D13) with requisite factual possession and intention to possess; limitation period of 12 years therefore extinguished plaintiff's title and defendants acquired possessory title under Limitation Ordinance (Cap 347) ss 7,8,13.
27 Jun 2023

CHAN TZE NGON v. CHAN TSZ KON

Citation

[2023] HKCFI 2066
Court

Court of First Instance
Case number

HCMP574/2023

The court granted judgment for the plaintiff on the basis of resulting trust because the evidence established that the plaintiff paid the initial purchase price and all mortgage repayments and repaid the defendant's initial contribution; there was insufficient evidence of a common intention at acquisition and insufficient proof of detriment to ground a constructive trust.
5 Mar 2021

LIU, LI v. YATES, SIMON DAVID

Citation

[2021] HKDC 238
Court

District Court
Case number

DCCJ5759/2018

Plaintiff proved equal beneficial ownership; physical partition was impracticable; under Partition Ordinance s6 the court was satisfied sale was appropriate and therefore ordered sale of the Property with net proceeds to be equally distributed between the parties; costs awarded to plaintiff.
5 Nov 2019

葉巒徵對劉容壽前經營德興工程公司

Citation

[2019] HKDC 1459
Court

District Court
Case number

DCEC233/2012

Court found claimant was the respondent's employee on both accident dates, respondent failed to rebut the employment presumption, claimant proved orthopedic and psychiatric injuries causally linked to the second accident, monthly wage base set at HK$18,200, loss of earning capacity assessed and calculated per Hong Kong Paper Mills formula producing HK$830,794 under s9, HK$445,676 under s10 and HK$6,770 under s10A, total HK$1,283,240; interest ordered (half judgment rate pre-judgment, full rate post-judgment) and costs awarded to claimant.

Hong Kong Case Law

CHAN CHUN HANG v. CAO MING NAN AND OTHERS

CHAN TZE NGON v. CHAN TSZ KON

LIU, LI v. YATES, SIMON DAVID

葉巒徵 對 劉容壽前經營德興工程公司

葉巒徵對劉容壽前經營德興工程公司