Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Title and possession

  • 31 Jul 2014

    LEUNG LAI KWAN v. LO KAI WING AND ANOTHER

    Citation
    LEUNG LAI KWAN v. LO KAI WING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1158/2011

    The plaintiff failed to discharge the burden of proving that the Tai Po property was held on resulting trust for her; contemporaneous documentary evidence and conduct (title in defendants' names, transfer of proceeds to defendants' account, retention of title deeds by defendants, exclusive possession and expenditure by defendants) demonstrate an intention consistent with a gift and ownership by defendants, therefore the claim is dismissed.

  • 15 Jun 2001

    SHING DAVID v. LAU KWAN HOI AND ANOTHER

    Citation
    SHING DAVID v. LAU KWAN HOI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP3596/1999

    Because the mortgage was recorded only in the 1905 Block Crown Lease with no known terms, and the property and mortgage had been in undisturbed possession of the plaintiff and predecessors for decades with no challenge, the court applied the Limitation Ordinance and the principles in Fung Kam Cheong v. Kwok Yiu Wing and held the mortgage incapable of subsistence or otherwise unenforceable.

  • 27 Apr 1999

    CHENG TIN LOI AND ANOTHER v. LI YUNG HING AND ANOTHER

    Citation
    CHENG TIN LOI AND ANOTHER v. LI YUNG HING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1892/1998

    On the evidence of long lapse without demand since at least 1980, possession by the registered owners and intervening mortgage and redemption inconsistent with defendants having been in possession, the 1905 mortgage was found incapable of subsistence or otherwise unenforceable by operation of the Limitation Ordinance, and a declaration in the terms sought was granted.