Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Specific performance risk

Legal area

Court

26 Jan 2022

WONG ANITA SHU TING (formerly known as Wong Shu Ting Anita) v. YUEN YIU CHUNG

Citation

[2022] HKCFI 209
Court

Court of First Instance
Case number

HCMP710/2021

The Court held that the 2010 Family Court Order made by consent together with the execution of the 2010 Assignment manifested a mutual agreement and course of dealing that severed the joint tenancy such that the Assignor's interest was effectively transferred to the Assignee; accordingly the Plaintiff has proved good title and has satisfactorily answered the Defendant's requisition and there is no real risk of a successful challenge by Hung.
6 Jun 2012

KONG LIN YEUNG AND ANOTHER v. LAI IN PENG

Citation

KONG LIN YEUNG AND ANOTHER v. LAI IN PENG
Court

Court of First Instance
Case number

HCMP543/2012

The plaintiffs failed to prove good title because the husband, as trustee under the court Order, engaged in transactions amounting to self-dealing and potentially a sham reconveyance; the plaintiffs had constructive notice of the wife's interest through proper searches and thus the title was defective and open to the wife's claim, rendering the Originating Summons dismissible.