Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appeal against findings of primary fact

  • 24 Nov 2022

    LEE CHI HANG LARRY and WONG YING KIT EDDIE, the executors of the estate of WONG WAI CHUN, deceased AND OTHERS v. WELL DONE GARMENT FACTORY LTD AND ANOTHER

    Citation
    [2022] HKCA 1720
    Court
    Court of Appeal
    Case number
    CACV363/2021

    The Court of Appeal dismissed the appeal because the trial judge's factual findings — that WYW withdrew HK$6,000,000 and paid HK$4m and HK$2m in cash to WWC, that payments made to Well Done/HK Welldone (HK$2.3m and HK$1.131m) originated from that HK$6m, that HK$2.569m remained unaccounted for by WWC, and that WWC's estate had overreceived MPF/long service payment such that HK$45,994.46 was repayable — were supported by the evidence and not plainly wrong; no palpable error justified appellate intervention, so the trial orders for an account/repayment and MPF recovery stand and the appellants'…

    • Loan recovery
    • Trust accounting and account of trust funds
    • Constructive trust/agency
    • Source of funds and tracing
    • Mandatory provident fund set-off
    • Appeal against findings of primary fact

  • 23 Jun 2016

    LEUNG MEE KUEN AND ANOTHER v. LEUNG SIU KUEN BESSIE

    Citation
    LEUNG MEE KUEN AND ANOTHER v. LEUNG SIU KUEN BESSIE
    Court
    Court of Appeal
    Case number
    CACV163/2015

    The appeal was dismissed because the trial recorder's findings that the mother had no beneficial interest (the siblings funded the purchase and her name was added for assurance/tax reasons) were supported by direct evidence and not plainly wrong; the deed of gift did not establish a beneficial interest in the mother capable of passing to the defendant on the evidence before the trial judge.

    • Deed of gift
    • Beneficial ownership
    • Resulting trust
    • Severance of joint tenancy
    • Undue influence
    • Appeal against findings of primary fact