Hong Kong Case Law: Decisions & Judgments

Topic

Beneficial ownership of funds

Legal area

Court

22 Sept 2010

LAI CHUNG LEUNG v. JHENG SHENG INTERNATIONAL CORPORATION

Citation

LAI CHUNG LEUNG v. JHENG SHENG INTERNATIONAL CORPORATION
Court

Court of First Instance
Case number

HCA2184/2008

The payment of US$133,372 was made under a mistake of fact; the defendant produced no evidence of authority or legitimate claim; accordingly the court entered judgment for the plaintiff for US$133,372 with interest, declared the plaintiff sole beneficial owner, and granted injunctions and an order directing the bank/defendant to return the funds.
17 Jan 2006

TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER

Citation

TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV164/2005

The appeal was dismissed because the defendants failed to satisfy the strict appellate test for upsetting the trial judge's findings of fact; the 1st defendant's contemporaneous affirmation accepting that the funds should beneficially belong to Mr Sun and Mr Sun's sworn evidence that the sums were for the plaintiffs established beneficial ownership for the plaintiffs and supported the judge's findings; costs for improperly prepared core bundles were disallowed.
9 Jun 2004

HUNG CHING WAN v. CHEUNG KWOK CHIU

Citation

HUNG CHING WAN v. CHEUNG KWOK CHIU
Court

Court of First Instance
Case number

HCA3811/2002

On the uncontradicted evidence and documentary proof, the court found the $1.6 million withdrawn by the defendant was beneficially the plaintiff's money, the defendant had no right to it, and in absence of evidence or real opposition the plaintiff's case was accepted and judgment entered for repayment with interest and costs.

Hong Kong Case Law

LAI CHUNG LEUNG v. JHENG SHENG INTERNATIONAL CORPORATION

TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER

HUNG CHING WAN v. CHEUNG KWOK CHIU