Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Constructive/bare trust

Legal area

Court

18 Jan 2007

AMEROSE INTERNATIONAL LTD AND ANOTHER v. FU HAU CHING

Citation

AMEROSE INTERNATIONAL LTD AND ANOTHER v. FU HAU CHING
Court

Court of First Instance
Case number

HCMP2241/2004

Court disbelieved defendant's account and found plaintiffs intended transfer to a lender or its nominee; cashier order was not provided and the agreement was repudiated; plaintiffs validly rescinded and retained beneficial ownership; defendant holds the shares and proceeds as bare trustee and must deliver them to the plaintiffs.
1 Dec 1998

RE CHUNG WONG KIT

Citation

RE CHUNG WONG KIT
Court

Court of Appeal
Case number

CACV219/1998

The admissions relied upon were not sufficiently clear and unambiguous to establish that the company held the properties as bare trustee or was a sham of the bankrupt; admissions by individual directors and other respondents could not be treated as admissions by the company for the purpose of granting judgment on admissions, and the lien orders made by the judge were set aside because they would improperly deprive the Trustee of the ability to pursue substantive relief at trial.