Hong Kong Case Law: Decisions & Judgments

Topic

Tenancy in common

Legal area

Court

27 Jun 2025

CC CREDIT SERVICES LTD v. LOK KA YIN AND ANOTHER

Citation

[2025] HKCFI 2528
Court

Court of First Instance
Case number

HCMP1773/2024

Because the 1st Defendant failed to repay within the extended period and partition is impracticable, and the opposing co‑owner did not demonstrate very great hardship, the Plaintiff as legal chargee of a partial interest is entitled to an order for sale; the sale is ordered subject to safeguards including conduct by the Plaintiff's solicitors and a court‑set reserve price; no costs against the 2nd Defendant.
29 Apr 2025

LAM PO CHUN VIRGINIA v. KU KIN KWAN

Citation

[2025] HKDC 677
Court

District Court
Case number

DCMP6780/2024

Because the parties hold the small flat as tenants in common, partition is impracticable and the plaintiff’s interest is at risk due to the defendant’s mortgage to Parklane, the court ordered sale pursuant to sections 2,3 and 6 of the Partition Ordinance, first by private treaty within 30 days or failing that by public auction, with specified pre-auction repayment obligations, priority for application of proceeds and consequential directions for conduct of sale and conveyancing.
5 Jul 2024

WONG WAI YING ANITA AND OTHERS v. SO KWAI CHUNG AND ANOTHER

Citation

[2024] HKCA 608
Court

Court of Appeal
Case number

CACV498/2022

The application for leave to appeal was dismissed because the questions raised were not reasonably arguable as matters of great, general or public importance; precedent supports that a tenant in common may encumber his share and the appellant's knowledge and prolonged inaction justified the Deputy Judge's findings.
2 Feb 2024

WONG WAI YING ANITA AND OTHERS v. SO KWAI CHUNG AND ANOTHER

Citation

[2024] HKCA 140
Court

Court of Appeal
Case number

CACV1/2023

The Court upheld the trial judge: Wong Ming Kwong made an assurance that the plaintiffs could use Lot 2230 RP for access; plaintiffs relied on that assurance and suffered detriment through exclusive use and lack of alternative access; proprietary estoppel therefore arose and an easement/right of way and permanent injunction were properly declared; a co-owner (tenant in common) can grant such a right over his share that binds other co-owners where it does not adversely affect their possession and rights; appellants failed to show the judge’s findings were plainly wrong.
7 Jul 2023

LEUNG CHI FONG MAGGIE v. LEUNG CHI WAI

Citation

[2023] HKDC 943
Court

District Court
Case number

DCMP911/2023

The court found on the unchallenged evidence and supporting documents that a common intention constructive trust arose such that the plaintiff is entitled to one half of the beneficial interest in the Property from completion and that the defendant has held one moiety on trust for the plaintiff since the mother's death; the court therefore granted a declaration that the parties hold the Property as tenants in common in equal shares, but the declaration is made subject to the subsisting legal charge in favour of HSBC because the mortgagee is an interested third party who must be protected or j…
9 Mar 2023

孔力麗 (KONG LILI) v. 王華 (WONG WAH) 作為王道亨(WONG TO HANG)的遺產執行人

Citation

[2023] HKCFI 793
Court

Court of First Instance
Case number

HCMP977/2022

The court granted an order for sale in terms of the parties' agreed draft order, allowed flexibility for separate sales, permitted both parties to appoint estate agents, ordered delivery of a set of keys to the plaintiff by a specified date without requiring full vacant possession except for purposes of sale, imposed undertakings regarding parking and access, and awarded the plaintiff 70% of her costs assessed at HK$158,083.80 payable by 30 March 2023, reflecting the parties' relative success and conduct.
25 May 2022

LO YUK KUEN v. PERSONAL REPRESENTATIVE OF THE ESTATE OF WONG WING KING, DECEASED AND OTHERS

Citation

[2022] HKCFI 1380
Court

Court of First Instance
Case number

HCA924/2021

The appeal was dismissed because the Plaintiff, as administratrix and registered tenant-in-common for the deceased's share (and with letters of administration and consent from co-owners), has legal capacity to sue for possession and mesne profits in respect of that share; tenants-in-common may enforce their separate interests without joining all co-owners, so the strike out application for non-joinder lacked merit.
14 Mar 2022

CHIU KWOK YIN WENDY AND CHIU KANG HUEN KENNETH AS THE EXECUTORS OF THE ESTATE OF CHIU WAN YIN VERNESSA DECEASED v. LO WAI HUNG PETER AND ANOTHER

Citation

[2022] HKCFI 655
Court

Court of First Instance
Case number

HCMP1115/2021

The Will, executed in the presence of and witnessed by the co‑owner who shared the expressed intention to deal with the property similarly, formed part of the parties' mutual course of dealing and common intention sufficient in equity to sever the joint tenancy; accordingly a tenancy in common in equal shares was created and the Deceased's half share must be held and distributed by the Executors to the two children in equal shares on trust until they reach majority.
20 Mar 2020

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

Citation

[2020] HKCFI 349
Court

Court of First Instance
Case number

HCA2089/2009

The Court held the Court of Appeal order required a common form account limited to income actually received and expenses incurred; plaintiffs had not pleaded or proven wilful default or any agreement entitling them to occupation rent; the defendant's inadequate records justified limited adverse inferences but not wholesale substitution of market rent; the court computed net income on the evidence and presumptions and awarded plaintiffs one quarter of the net income plus post-judgment interest and costs.
26 Sept 2019

CUVELIER JACQUES R also known as CUVELIER JACQUES ROBERT FRANCOIS v. CHEN QIZHI

Citation

[2019] HKCFI 2386
Court

Court of First Instance
Case number

HCA1894/2017

The court concluded that the defendant's defences of duress and undue influence could not possibly succeed on the evidence and contemporaneous documents; the trust deed recording a 74%/26% tenancy in common reflected the parties' contributions and is valid; summary judgment should be entered declaring the plaintiff's 26% interest.