Hong Kong Case Law: Decisions & Judgments

Topic

Statute of frauds

Legal area

Court

8 Jan 2019

YIK WAI PONG v. YICK PAK KIN

Citation

[2019] HKCFI 21
Court

Court of First Instance
Case number

HCA275/2015

Plaintiff failed to prove the existence of the alleged oral agreement and failed to establish proprietary estoppel, implied easement under Wheeldon v Burrows or s16 CPO, or prescription; use was shown to be permissive and/or insufficiently continuous and apparent at the relevant times, and erection of a locked gate with keys evidenced permission and exercise of ownership rights; accordingly the plaintiff's claims for a right of way were dismissed and costs were awarded to the defendant.
13 Nov 2015

LO LEE, MARILYN (also known as MARILYN LEE) v. GOEL ARUN KUMAR

Citation

LO LEE, MARILYN (also known as MARILYN LEE) v. GOEL ARUN KUMAR
Court

District Court
Case number

DCCJ3608/2015

The court held there was no enforceable written or oral contract for sale: the solicitors' correspondence was expressly 'subject to contract' and not a signed memorandum admitting an earlier oral contract; the acts relied on by defendant (short fixed tenancy, payment of deposits, occupation and rent) were neutral or equivocal and did not constitute part performance. Consequently there was no triable defense and summary judgment for possession and strike out of the counterclaim was appropriate.
10 Mar 2014

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS

Citation

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS
Court

Court of First Instance
Case number

HCMP2045/2012

The tenancy agreements were void and unenforceable because at the testator's death they lacked an ascertainable commencement date and therefore were incomplete agreements that could not be validated by the defendant's unilateral posthumous insertion of a commencement date; the documents did not satisfy CPO s3/s4 and evidence to imply the missing term was inadmissible or insufficient; the Chan affirmation was not admitted and joint privilege was not established.
24 Jul 2012

LEE KOON WAN v. SHERMAN NGAI WING LEE

Citation

LEE KOON WAN v. SHERMAN NGAI WING LEE
Court

Court of First Instance
Case number

HCA1942/2009

The court found on the facts that the plaintiff funded the Lai Shing and Bridge of Don properties (and received their rental income) and that the defendant holds those properties and related income on constructive/resulting trust for the plaintiff during his lifetime and, on the plaintiff's death, for the plaintiff and his five brothers as tenants in common in equal shares; accordingly declarations were made, accounting and return of rents ordered, an independent trustee to be appointed jointly with the defendant, the defendant's counterclaim dismissed and costs awarded to the plaintiff.
18 Jun 2009

SAM SHUI NATIVES ASSOCIATION v. KWOK WAI CHIU AND OTHERS

Citation

SAM SHUI NATIVES ASSOCIATION v. KWOK WAI CHIU AND OTHERS
Court

Court of Appeal
Case number

CACV362/2007

The Court allowed the appeal and held that the Plaintiff, as the incorporated successor of the earlier unincorporated associations, is the beneficial owner of the properties; Properties A are held for the charitable purpose of maintaining the Yee Chung with surplus funds for relief of the poor (trust of imperfect obligation); the declarations of trust when construed in historical context were effective and the Statute of Frauds did not bar the claim.
17 Jul 2003

KWOK CHOR SHAN v. EMPIRE PROPERTIES DEVELOPMENT CONSULTANTS LTD

Citation

KWOK CHOR SHAN v. EMPIRE PROPERTIES DEVELOPMENT CONSULTANTS LTD
Court

District Court
Case number

DCCJ14764/2000

The unstamped provisional agreement could not be received in evidence under Stamp Duty Ordinance s.15; the four receipts and cheque did not satisfy the statutory memorandum requirement of s.3 because they lacked the plaintiff's signature and did not state essential terms; however, on the evidence the defendant had effectively repudiated the agreement by long delay and failure to serve notice to complete, and the payments made by the plaintiff were recoverable as money had and received; accordingly the plaintiff was entitled to return of $500,000 with interest and costs.
9 Aug 2001

TSUN WAI MAN v. CHEUNG YUNG AND OTHERS

Citation

TSUN WAI MAN v. CHEUNG YUNG AND OTHERS
Court

Court of First Instance
Case number

HCA14202/1999

The plaintiff proved that his father purchased Lot 1120 in 1945 as evidenced by the contemporaneous Chinese written agreement and the credible oral evidence; part performance (payment and possession) vested an equitable interest in the plaintiff's family which was not defeated by limitation or laches; the defendants' later succession memorials and assignments were ineffective to convey title because the Cheung brothers had already disposed of their interest; accordingly declarations of ownership and entitlement to compensation were granted.
28 Jan 2000

KING PROSPER TRADING LTD. v. WONG TAN LEE t/a Messrs D L Co. AND OTHERS and FAIR FOCUS LTD. (Third Party)

Citation

KING PROSPER TRADING LTD. v. WONG TAN LEE t/a Messrs D L Co. AND OTHERS and FAIR FOCUS LTD. (Third Party)
Court

Court of First Instance
Case number

HCA5049/1999

Summary judgment was set aside because the written guarantee and alleged oral assurances were too ambiguous about who was primarily liable, what property was charged and the extent of liability, creating arguable issues sufficient to preclude summary judgment and to justify unconditional leave to defend for the 2nd defendant.
21 Dec 1983

LEE LAN YING v. CHAN MUK NG

Citation

LEE LAN YING v. CHAN MUK NG
Court

Court of First Instance
Case number

HCA7924/1983

Even assuming an oral renewal agreement existed, the plaintiff's clear repudiation by solicitor's letter of 11 March 1983 and the subsequent issuance of the writ on 25 June 1983 preclude any inference that retention of the cheque amounted to acceptance of rent or part performance; therefore no triable issue existed and judgment for possession was appropriate.
17 Jan 1980

SHUN LIN WEAVING FACTORY LTD v. EVA SIU CHENG YEE WAH AND ANOTHER

Citation

SHUN LIN WEAVING FACTORY LTD v. EVA SIU CHENG YEE WAH AND ANOTHER
Court

Court of First Instance
Case number

HCA4950/1979

On the balance of probabilities the pleaded acts, individually and collectively, were preparatory or conditional and not referable to performance of an enforceable contract for sale of land; the letter and deposit were sent subject to an agreement and thus not performance, telephone and solicitor instructions were preparatory, and therefore the statement of claim disclosed no cause of action and must be struck out.