Hong Kong Case Law: Decisions & Judgments

Topic

Accounting by trustee

Legal area

Court

3 Oct 2023

LAU WAI BING v. CHOI MAN LAI, the Administratrix of the Estate of LAU WAI YIN, Deceased

Citation

[2023] HKDC 1389
Court

District Court
Case number

DCCJ2399/2020

The court found the Deceased intended the cashier order and the subsequent arrangement to benefit the Plaintiff but the intended outright gift by delivery was imperfect and not perfected; however, the objective facts and surrounding circumstances supported a declaration that the Deceased held HK$2,000,000 on trust for the Plaintiff from 23 February 2016, entitling the Plaintiff to an account and relief against the Estate.
4 Nov 2022

李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

Citation

[2022] HKCFI 3342
Court

Court of First Instance
Case number

HCA597/2021

Court dismissed the defendants' summons. The Trust Shares Claim was not stayed to arbitration because the substantive dispute concerned an overarching trust distinct from the DoT trusts and thus outside the DoT arbitration clause; defendants failed to show the dispute fell within the arbitration agreement. Defendants also failed to establish that the Ace Lead Claim and the Plus View Claim should be stayed on forum non conveniens grounds; Hong Kong remained the appropriate forum. The alternative case management stay was not engaged. Costs were ordered against defendants on a nisi basis.
29 Apr 2019

LAU KOON YING MATTHEW v. LAU TARK WING AND OTHERS

Citation

[2019] HKCFI 995
Court

Court of First Instance
Case number

HCA2306/2012

Defendant's accounts were unreliable and deficient; the trial judge's adverse findings against defendant stand; the court ordered repayment of the Father's sale proceeds of HK$1,084,617, accepted the plaintiff's calculations of rental proceeds over those of the defendant, refused any deduction for construction costs for lack of proof and awarded compound interest against the accounting parties; costs follow the event with an order nisi for defendants to pay plaintiff's costs.
7 Jan 2014

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

Citation

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
Court

Court of First Instance
Case number

HCMP2696/2013

Leave to appeal was refused because the strike-out application lacked a reasonable prospect of success: the plaintiff had pleaded an equitable proprietary interest in the shares entitling an account and fair value remedy; damages and indemnity claims were not plainly unsupportable; the application was opportunistic and without merit, warranting indemnity costs and procedural restrictions.
1 Nov 2013

LO MAN KAM v. LAW MAN WAI

Citation

LO MAN KAM v. LAW MAN WAI
Court

Court of First Instance
Case number

HCA143/2010

On the balance of probabilities the court preferred Kam and Sim's evidence and contemporaneous documents: the deceased intended the transfers to Wai to be shared between Wai and Kam; the payments by Wai to Kam and Sim were repayments of that joint gift; accordingly Wai held funds on trust for Kam and Sim in respect of the sums at issue and Sim is the beneficial owner of the Properties; Kam is entitled to an account of the 6th Aunt's Gift and Wai's claim is dismissed.
1 Nov 2013

LAW MAN WAI v. KWAN SAU SIM

Citation

LAW MAN WAI v. KWAN SAU SIM
Court

Court of First Instance
Case number

HCA2307/2009

On the balance of probabilities the judge found that 6th Aunt intended the transfers to Wai to be held for the joint benefit of Wai and Kam; the monies used to acquire the Properties were repayments of that joint entitlement, therefore Sim is the beneficial owner of the Properties and Kam is entitled to an account of the 6th Aunt's Gift.
3 Jun 2011

CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD

Citation

CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD
Court

Court of Appeal
Case number

CACV197/2010

The defendant failed to discharge the burden of proof to show that the disputed receipts had been applied as capital injections or to discharge liabilities beyond the documented registered capital and capital reserve; the audited AR 360 balance sheet and expert evidence supported that the capital reserve encompassed the relevant sums including the unpaid land cost, and in absence of primary accounts the Master's finding that the defendant must pay the plaintiff the specified sum was correct and should be restored (with interest as varied).
20 Dec 2007

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS

Citation

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS
Court

Court of First Instance
Case number

HCA4067/2001

The Family Arrangement created an enforceable trust in relation to the fenced area such that each named family member was allotted a specific portion and the defendant Yat On was a trustee in respect of those allotments; however there was no partition of proprietary interest in Lot 1139 RP so the sisters could not be declared owners of one-sixth of Yat On's three-fifths interest; nevertheless Yat On must give an account and pay over sums due from the resumption compensation corresponding to the sisters' allotted portions.
15 Dec 1994

LEONG FOOK HO AND OTHERS v. LEONG FOOK KONG

Citation

LEONG FOOK HO AND OTHERS v. LEONG FOOK KONG
Court

Court of Appeal
Case number

CACV112/1994

The Court of Appeal allowed the appeal and appointed a judicial trustee under s63 because the material disclosed a real and serious doubt that the personal representative would properly exercise his s37 appointment power (including failure to account, mixing of funds and withholding information), and the existence of a s37 power does not preclude immediate exercise of the court's s63 power to protect beneficiaries and prevent limbo.