Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Transfer of property order

  • 28 Sept 2018

    CHAN MAN KI v. YAU CHUN FOR

    Citation
    [2018] HKDC 1200
    Court
    District Court
    Case number
    DCCJ1564/2018

    The court held the defendant's strike-out summons must be dismissed because the plaintiff's civil claim for proprietary relief is not plainly an abuse of process: the claim is a distinct property right remedy appropriately pursued in civil proceedings rather than being confined to ancillary relief; the defendant was not shown to be vexed or unfairly prejudiced and public/private interests do not justify striking out.

  • 18 Aug 2006

    YWM v. SKB

    Citation
    YWM v. SKB
    Court
    Family Court
    Case number
    FCMC680/1996

    The court found W provided a reasonable explanation for omitting capital claims (to preserve bank facilities and the business), the Consent Order did not represent a comprehensive capital settlement, the delay did not produce prejudicial change of position by H, and W has a seriously arguable case on contributions and alleged trust/undue procurement of transfers; therefore the court exercised its discretion under MPPO to grant leave to apply for ancillary relief (transfer of property order).

  • 6 Jan 2000

    C v. C

    Citation
    C v. C
    Court
    Family Court
    Case number
    FCMC1991/1995

    Leave refused because, at the time of the application, the husband had no legal entitlement to property in possession or reversion: the former matrimonial home had been resumed extinguishing title and the proposed government grant/compensation had not vested and did not constitute a possessory or reversionary interest; therefore the wife lacked a reasonable prospect of obtaining a S6 transfer order and the application was premature.