Hong Kong Case Law: Decisions & Judgments

Topic

Accounting for trust property

Legal area

Court

18 Nov 2024

MOK KIN KAU MCNARY 對 MOK WING YI

Citation

[2024] HKDC 1732
Court

District Court
Case number

DCCJ633/2021

On the balance of probabilities the court accepted that Appendices I and II showed payments/returns in respect of the listed transactions (A and B) and dismissed those parts of the claim; however the court found that defendant held 5,000 shares of Angang, 7,500 shares of China MCC, and 40,000 shares of Nickel Resources on trust for the plaintiff and must account and deliver those shares and any dividends/other proceeds. The plaintiff failed to prove other alleged payments or that defendant retained the Hongkong Land shares or certain listed cash transfers; the defendant's counterclaim failed…
27 Jun 2022

RICH PROFIT CREATION LTD v. KO CHUNG LUN AND OTHERS

Citation

[2022] HKCFI 1946
Court

Court of First Instance
Case number

HCA1865/2017

The court found on contemporaneous evidence that a Funding Agreement existed and that the 1st and 2nd Sums were received by Ko, Dignity and BC for the Plaintiff for onward payment to the HJV; those defendants thereby held the sums as trustees (express or constructive) and breached fiduciary duties by representing the funds as their own to HJV and failing to account; accordingly Ko, Dignity and BC must account and repay. There was insufficient evidence to establish unlawful means conspiracy or liability against KIL, the Wife and the Sister.
5 Nov 2015

SUEN SHU TAI v. TAM FUNG TAI

Citation

SUEN SHU TAI v. TAM FUNG TAI
Court

Court of Final Appeal
Case number

FACV9/2015

Concurrent factual findings by the trial judge, upheld by the Court of Appeal and not shown to be plainly wrong, established the Plaintiff did not intend to gift the properties; accordingly, despite the form of the assignments, the Defendant holds the properties on resulting trust for the Plaintiff and the appeal must be dismissed.
24 Feb 2015

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS

Citation

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS
Court

Court of First Instance
Case number

HCMP2045/2012

The 1st defendant, while executor, occupied estate property under a mistaken basis that tenancy agreements granted exclusive occupation and thereby placed himself in conflict with the estate; none of his defences (coownership rights, estoppel, honest belief) discharged his fiduciary obligation to the estate and relief under s60 was not justified, therefore he must account to the estate for 50% of market rent from date of death; vacancies did not establish breach of duty; Windsor Park expenses treated as estate expenses and defendant's personal claim rejected.
21 Aug 1985

SHING SHU WING v. SHING KAM CHUEN

Citation

SHING SHU WING v. SHING KAM CHUEN
Court

Court of First Instance
Case number

HCA79/1984

The Master's exercise of discretion was correct: the defendant had conceded facts establishing the plaintiff's beneficial interest and the defendant's trustee duties, the declarations were necessary for an interlocutory account, and there was no foreseeable risk of injustice; therefore the interlocutory declaratory judgments and orders for account were properly made and the appeal must be dismissed.

Hong Kong Case Law

MOK KIN KAU MCNARY 對 MOK WING YI

RICH PROFIT CREATION LTD v. KO CHUNG LUN AND OTHERS

SUEN SHU TAI v. TAM FUNG TAI

KONG COLIN CHUNG PING AND ANOTHER v. KONG WING ON AND OTHERS

SHING SHU WING v. SHING KAM CHUEN