Hong Kong Case Law: Decisions & Judgments

Topic

Constructive/resulting trust

Legal area

Court

11 Aug 2025

CHEUNG WAI KIE EDWIN AND ANOTHER v. CHEUNG WAI SUM AND ANOTHER

Citation

[2025] HKCFI 3547
Court

Court of First Instance
Case number

HCA20/2024

The defendants failed to show a plain and obvious case to strike out the Statement of Claim; the Registrar’s debarment was a case management sanction not governed by O.2 r.5, and the plaintiffs’ lack of current representation does not make the proceedings an incurable nullity because a representation order under O.15 r.15 could cure the procedural defect; limitation issues are not plain and obvious at interlocutory stage and require factual resolution.
13 Mar 2025

FUNG WAI MAN, the person appointed to represent the estate of FUNG KWOK YAN (also known as FUNG YAN), deceased (by an Order dated 23rd September 2019) v. FUNG YUEN LUN

Citation

[2025] HKCFI 1035
Court

Court of First Instance
Case number

HCA879/2019

The Court found the defendant's evidence unreliable, inconsistent and evasive; there was no contemporaneous or credible evidence that the deceased intended an absolute gift of HK$8,500,000. Given the inherent improbability, missing/dubious documentary support (the Deposit Slip issue) and the defendant's admissions to a third party, the defendant failed to prove a gift. Consequently the withdrawal and transfer constituted a breach of fiduciary duties and the Disputed Amount is held on trust for the Estate, repayable with interest and costs.
24 Nov 2023

李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

Citation

[2023] HKCFI 3038
Court

Court of First Instance
Case number

HCA597/2021

Plaintiffs established a serious question to be tried but did not show the high degree of assurance required for a mandatory interlocutory injunction and failed to demonstrate that the balance of convenience favoured preserving the disputed shares; defendants' undertaking to abstain from voting removed the urgent need for the injunction; accordingly the injunction summons was dismissed with costs.
29 Aug 2023

HO WAI KWONG , executor of the estate of YU KING, deceased v. HO KAM CHUI

Citation

[2023] HKCFI 2218
Court

Court of First Instance
Case number

HCA1224/2016

On the totality of the evidence (formal transfer documents, contemporaneous memoranda, solicitor records, family meeting records, subsequent conduct and failure to pay), the Transfer was a sale for $8,000,000, the Defendant repudiated by non-payment and the Mother accepted repudiation; the SPA was terminated and the Defendant holds the 50% registered interest on trust for the Mother's estate and must transfer it back and account for rental income less minor deductions.
12 Jun 2023

LAU CHUI FEI AND ANOTHER v. AU CHI HOE ADMUND AND ANOTHER

Citation

[2023] HKCFI 1468
Court

Court of First Instance
Case number

HCA847/2019

Court found on the balance of probabilities that Lau and Fung entered profit-sharing ventures with the 1st Defendant (not loans and not beneficial ownership/ trust against the legal owner Father), that the HK$13,440,000 under the Compensation Agreement formed part of the consideration for sale of 5A and therefore fell within the profit-sharing arrangement, and that neither statutory nor common law illegality/public policy barred recovery; judgment entered against 1st Defendant for specified sums and claim against 2nd Defendant dismissed.
8 Feb 2023

CHOW LILY v. CHOW WAI WAI VIOLET AND OTHERS

Citation

[2023] HKCA 167
Court

Court of Appeal
Case number

CAMP202/2021

Leave to appeal was granted but the appeal was dismissed because adequate protective undertakings (including Oscar's PCH undertaking to give prior notice of disposals over HK$1,000,000 and to procure applicant's appointment to the Investment Committee) were secured, which addressed the primary risk of dissipation; hostility between executrices did not justify APL given the applicant's verified statement she would not act pending judgment and general law that co-execution is not required except for immovables.
9 Sept 2022

SHUM WING LOK v. SHUM MAN

Citation

[2022] HKCFI 2622
Court

Court of First Instance
Case number

HCA931/2017

Judge found on the balance of probabilities that the funds used to purchase the HKD 3,000,000 cashier's order derived from sale proceeds of shares beneficially owned by the deceased father, not the plaintiff; contemporaneous records and conduct supported father's beneficial ownership and intention to gift; plaintiff's evidence was inherently implausible and unreliable; therefore the cashier's order was a gift from father to defendant and the plaintiff's claim for repayment fails.
28 Jan 2022

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Citation

[2022] HKCFI 308
Court

Court of First Instance
Case number

HCA624/2019

The Agreement, read objectively as a whole in its commercial context, manifested Party A as comprising both D1 (the company) and D2 (the chairman/shareholder); the defendants failed to raise any triable issue or arguable defence on the pleaded and de bene esse materials (election/waiver, change of position, performance, rectification, identity) and the master did not err in granting summary judgment or refusing late affidavit evidence; the appeals and late amendment applications are dismissed and the summary judgment is affirmed.
31 Dec 2021

葉偉鴻及另一人對葉偉霖

Citation

[2021] HKCFI 3924
Court

Court of First Instance
Case number

HCA225/2018

Court found plaintiffs failed to prove the 2013 transfer was a conditional gift or that a binding conditional agreement was made; the transfer document reflected the parties' chosen form and no clear enforceable post‑condition was expressed, so conditional gift and contractual breach claims failed. However the first plaintiff proved he relied on a false factual statement by the defendant (that the defendant did not own other property) inducing him to transfer his half‑share; that misrepresentation entitled the first plaintiff to rescind his half transfer. The mother’s property claims failed b…
31 May 2021

黃冠華對歐珈妤

Citation

[2021] HKCFI 1555
Court

Court of First Instance
Case number

HCA682/2018

The plaintiff failed to rebut the presumption that legal and beneficial title coincide; the parties intended joint beneficial ownership when title was taken as joint tenants, the HK$300,000 was not proved to be a loan, occupation rent and mortgage payments offset each other, and therefore the property must be sold with net proceeds split equally after liabilities and costs.