Hong Kong Case Law: Decisions & Judgments

Topic

Constructive trust/beneficial ownership

Legal area

Court

13 Jul 2015

LAM WAI MAN v. NG KEUNG TOMMY

Citation

LAM WAI MAN v. NG KEUNG TOMMY
Court

Court of First Instance
Case number

HCA1033/2014

On the uncontroverted evidence of equal financial contribution and an oral agreement to share 50% in the investment, the plaintiff had a 50% beneficial interest in the property despite legal title in the defendant; plaintiff therefore entitled to half the sale proceeds (HK$3,250,000). Outstanding rent was recoverable only for the period within the six year limitation (4 June 2008 to 6 July 2011) and was calculated at HK$148,374.19. Interest and costs were awarded accordingly.
25 Oct 2012

YIU YAN CHE AND OTHERS v. YIU HO MING, HERMES AND OTHERS

Citation

YIU YAN CHE AND OTHERS v. YIU HO MING, HERMES AND OTHERS
Court

Court of First Instance
Case number

HCA630/2008

Clause 5 was objectively wide enough to require the defendants to execute documents relating to their interests and claims in the proceeds of sale of KK, including the Corporate Documents and the Settlement Contract where reasonably required by YC; the defendants breached Clause 5 by refusing to procure and effect the execution of the Settlement Contract; plaintiffs entitled to interest on the Sum for the period found reasonable (15 November 2007 to 11 July 2010) less interest earned, and to specified legal costs and expenses.
28 Sept 2011

MACAU FIRST UNIVERSAL INTERNATIONL LTD v. DING XIAOHONG AND OTHERS

Citation

MACAU FIRST UNIVERSAL INTERNATIONL LTD v. DING XIAOHONG AND OTHERS
Court

Court of First Instance
Case number

HCMP1014/2011

Leave to appeal was granted because there existed a reasonable prospect of success on the central question that the Receivership Order, particularly para.4(7) empowering removal of the company's legal representative, may have conflicted with and been superseded by the earlier Consent Order which expressly restrained steps to replace that representative; that point was a relevant matter arguably not considered at the original hearing and warranted appellate consideration.
4 Dec 2009

YAU SUK YEE v. KWOK SZE CHAI

Citation

YAU SUK YEE v. KWOK SZE CHAI
Court

District Court
Case number

DCCJ2321/2007

Defendant admitted receipt of HK$250,000 but failed to discharge the legal burden to show the transfer was not repayable; the court rejected the defendant's account that the HK$600,000 was held on trust for the Deceased and therefore granted final judgment for the Plaintiff for HK$250,000 with interest and costs.
27 Apr 1998

TALENT WISE LTD. v. CHEUNG SHUI CHING

Citation

TALENT WISE LTD. v. CHEUNG SHUI CHING
Court

Court of First Instance
Case number

HCA11309/1997

Summary judgment was inappropriate because the circumstances raised serious and non‑frivolous possibilities (including potential collusion and that the plaintiff controlled key facts) which warranted investigation at trial; Clause 27 does not necessarily operate on an unsubstantiated third‑party claim, so the defendant had an arguable case and the appeal must be allowed.

Hong Kong Case Law

LAM WAI MAN v. NG KEUNG TOMMY

YIU YAN CHE AND OTHERS v. YIU HO MING, HERMES AND OTHERS

MACAU FIRST UNIVERSAL INTERNATIONL LTD v. DING XIAOHONG AND OTHERS

YAU SUK YEE v. KWOK SZE CHAI

TALENT WISE LTD. v. CHEUNG SHUI CHING