Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Constructive/ resulting trust

  • 10 Jan 2017

    HO HON PIU v. HO HON KA

    Citation
    HO HON PIU v. HO HON KA
    Court
    Court of First Instance
    Case number
    HCA660/2014

    Court rejected the alleged family fund and oral agreements for lack of credible evidence and inherent improbability, accepted defendant's account that he was sole legal and beneficial owner of the North Point property and that Chai Wan vested in defendant as surviving joint tenant; court held the will was properly executed but the residuary disposition to plaintiff is void under s10(1) Wills Ordinance, so the estate is distributed as on intestacy.

  • 27 Oct 2008

    CHEONG HING INTERNATIONAL LTD v. YU YUEN WAI AND OTHERS

    Citation
    CHEONG HING INTERNATIONAL LTD v. YU YUEN WAI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2458/2006

    The court refused to enter default judgment against the 3rd defendant and dismissed the application for summary judgment against the 4th defendant because the narrow construction of the 1st Assignment relied on by the plaintiff was undermined by the express receipt clause and surrounding circumstances and because equitable declarations and allegations of fraud require fuller investigation at trial; the presence of alternative defences (including waiver of debt) and the plaintiff's concession of unconditional leave to defend by the 1st defendant justified standing the matters over and refusing…