Hong Kong Case Law: Decisions & Judgments

Topic

Transfer of property

Legal area

Court

19 Aug 2025

WONG KWOK CHUNG AND ANOTHER v. WONG KWOK WA

Citation

[2025] HKCFI 3629
Court

Court of First Instance
Case number

HCA1806/2021

On the balance of probabilities the Plaintiffs were the beneficial owners and the Defendant held the Property on a common intention constructive trust from 23 November 1989: neither party produced credible contemporaneous evidence of consideration; subsequent conduct strongly favoured the Plaintiffs (they managed the Property, signed tenancies, received rent at material times, and paid management fees, rates and taxes); the Defendant's explanations were convoluted, inconsistent and unsupported; the Defendant had previously held other properties on trust for the Plaintiffs; and the Defendant f…
27 Feb 2023

MARK O’KANE v. TANG JEB MING

Citation

[2023] HKCFI 600
Court

Court of First Instance
Case number

HCA1948/2016

The court declined to vary the costs order nisi because the plaintiffs' unsuccessful delay allegation formed necessary background to the single cause of action (repudiation by transfer of the Lots), was not a distinct separable event justifying a costs reduction, and it was not unreasonable or improper to have advanced it; accordingly costs follow the event and the costs order nisi is made absolute.
27 Feb 2023

HAPPY FISH CO LTD v. TANG JEB MING

Citation

[2023] HKCFI 600
Court

Court of First Instance
Case number

HCA1209/2016

The court held that the plaintiffs were entitled to their costs because the delay issue formed part of necessary background to the single cause of action of repudiation and it was not unreasonable to raise it; consequently the court declined to reduce costs and made the costs order nisi absolute.
16 Dec 2022

HAPPY FISH CO LTD v. TANG JEB MING

Citation

[2022] HKCFI 3767
Court

Court of First Instance
Case number

HCA1209/2016

Court held delay alone did not amount to repudiation because there was no fixed completion date and plaintiffs had affirmed the contracts despite delay; however, Tang effected an outright sale of the lots to Wong in May 2016 (no credible evidence of a nominee/temporary arrangement) which demonstrated an intention not to perform and amounted to repudiation; damages awarded accordingly with interest from the contractual completion date; costs to follow the event subject to limited disallowances.
7 Jan 2022

YEUNG SUI YEE v. TSANG YEE MING

Citation

[2021] HKCFI 3922
Court

Court of First Instance
Case number

HCA419/2017

The Court found no proven duress or undue influence and held that even if a false declaration to the HA occurred it was not relied upon by the Defendant to establish his entitlement; the Second Agreement validly varied the First as to the Apartment and fixed consideration at HK$600,000, while the First Agreement continued to govern the Parking Space at HK$50,000. Consequently the Court ordered specific performance of transfers on payment and awarded interest and wasted costs as claimed by the Defendant.
24 Jul 2020

LAI SUK KING v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LEUNG YUNG, DECEASED

Citation

[2020] HKCFI 1767
Court

Court of First Instance
Case number

HCA2222/2018

The court refused to grant default judgment because the estate was unrepresented so the absence of a defence could not be treated as admission, and because claims against a deceased person alleging a gift or promise require caution and the plaintiff must give live evidence and be examined before the court awards the Property.
17 Jul 2019

廖遠秋對李惠春

Citation

[2019] HKCFI 1953
Court

Court of First Instance
Case number

HCA625/2014

The application to vary the costs order and to stay execution was dismissed because the defendant failed to demonstrate a principal error in the earlier judgment or any strong, arguable grounds of appeal or other sufficient reasons to justify varying the costs order or granting a stay; therefore the costs order and the judgment remain in force.
6 Sept 2018

LAW TSZ LUN v. YIU CHEUK WANG

Citation

[2018] HKDC 1052
Court

District Court
Case number

DCCJ848/2017

On the balance of probabilities the court accepted the defendant's account supported by contemporaneous WhatsApp messages and found the parties agreed in May 2015 that the paid sum was full and final settlement of the plaintiff's interest; therefore the plaintiff's claim for the balance was dismissed.
27 Jun 2018

WONG YUK TUNG v. WONG PO LING AND ANOTHER

Citation

[2018] HKCFI 1482
Court

Court of First Instance
Case number

HCA899/2012

The Court refused a stay of execution pending appeal because the Defendants' prospects of obtaining leave or succeeding on appeal were weak or not even arguable on the material before the court and they offered no additional compelling reasons; the procedural accounts ordered are reversible and any prejudice to the Defendants can be compensated by costs, whereas further delay would prejudicially prolong the plaintiff's recovery. Accordingly the court directed the taking of accounts with specified timelines, adjourned the St Louis Flat 25C enforcement issue sine die because of the mortgagee pr…
21 Apr 2017

TO CHI HUNG v. THE OFFICIAL RECEIVER & RECEIVER OF THE PROPERTY OF NG BIK FUNG, A BANKRUPT AND ANOTHER

Citation

TO CHI HUNG v. THE OFFICIAL RECEIVER & RECEIVER OF THE PROPERTY OF NG BIK FUNG, A BANKRUPT AND ANOTHER
Court

District Court
Case number

DCCJ1336/2015

On unchallenged evidence that the plaintiff provided the entire purchase money and repayments and that there was a common intention he should have the whole interest, the court finds a resulting trust in his favour; consequently the property is not part of the bankrupt's estate under Bankruptcy Ordinance s.43(3).