21 Apr 2026
The Court ordered registration because the directors' stated reasons for refusal were not ones that a reasonable board could bona fide believe to be in the company's interests, amounted to collateral purpose and were hollow in light of the prior consent order; the Company was effectively unrepresented and the Court must enforce its order by directing registration.
18 Dec 2025
The Court upheld the trial judge's credibility findings preferring Tsang over Hong and found no palpable or legal error in the evaluation of evidence; the trial judge reasonably rejected an adverse inference from destroyed records given the accepted explanation and found the Default Judgment against CCCG only of limited evidential background value; accordingly the appeal is dismissed, the declaration and transfer of the share to Tsang stands, and specified sums are released or retained as ordered.
13 Nov 2025
The court held that the fraud exception was engaged given interconnected claims and allegations of dishonesty spanning the writ, so it had no jurisdiction to grant summary judgment (Order 14) in respect of the Panven claim; further, even absent the jurisdictional bar the materials disclosed triable issues so summary judgment would have been refused. The application for interim receivership was dismissed because the applicant failed to show a real risk of dissipation or that receivership was proportionate; the late additional affirmation evidence was refused and the expungement application was…
11 Nov 2025
On the entirety of the evidence the plaintiff failed to discharge the onus of proving that the shares and company assets were held on trust; contemporaneous documents and conduct (including sworn Form E disclosures in the divorce proceedings, board resolutions, share allotment patterns and other contemporaneous material) and the implausibility and inconsistency of the deceased’s later untested accounts established that the transfers and allotments were intended as inter vivos gifts; common intention constructive trust was not properly pleaded and evidence of detrimental reliance was absent; t…
11 Nov 2025
The court found the deceased's pleaded case inconsistent with contemporaneous sworn statements in divorce proceedings and with the overall shareholding pattern and documentary evidence; the defendants' contemporaneous accounts and documentary matrix (board minutes, communications, actions in 2008) demonstrating intention to gift were preferred; the claimant could not establish a pleaded common intention constructive trust and had not discharged the onus to show the legal and equitable title diverged; accordingly the transfers and allotments were held to be gifts and the trustee/resulting trus…
22 Sept 2025
On the balance of probabilities the parties formed the Agreement and shared the Common Intention that Raymond would have the beneficial interest in the Relevant Floors; the Deceased paid the construction costs and acted to his detriment in reliance on that intention; it would be unconscionable for the Defendant to deny the beneficial interest; the illegality defence fails under the Patel v Mirza range-of-factors approach given the family, non-commercial context and aims of the Small House Policy; accordingly the Defendant holds the Relevant Floors on constructive trust for Raymond and must tr…
19 May 2025
Aberdeen Centre Property: Claim failed because plaintiff did not prove a clear common intention preventing the Deceased from severing the joint tenancy; the Notice of Severance was valid and no constructive trust preventing severance was established, and no resulting trust in plaintiff's favour was made out. Pearl City Property: Plaintiff proved payment of HK$4,000,000 to the Deceased supported by bank records, a contemporaneous Memorandum and corroborative circumstances; the Pearl City Property was purchased with those funds and held on resulting trust for the Plaintiff, who is entitled to i…
10 Mar 2025
The statutory pre-conditions of s52(1)(e) were satisfied on the evidence (clear declarations of trust, applicants as sole beneficiaries, absence of other entitled persons) and it was expedient to exercise the court's vesting and appointment powers: therefore the court granted vesting of the Holy Island share to Centenary Enterprises and appointed David Fong as trustee of the Holguin share.
10 Mar 2025
The pre-conditions of section 52(1)(e) were satisfied: there was irrefutable evidence that Mrs Fong held the Subject Shares as trustee for the applicants, no substitute trustee had been appointed and no other person was entitled; it was therefore expedient for the court to exercise its statutory power to vest the Holy Island share in Centenary Enterprises and to appoint David Fong as sole trustee of the Holguin share.
13 Feb 2025
On the balance of documentary evidence and inherent probabilities the court found the PB companies (including New PB companies) were operated and beneficially owned on a joint basis between Lau and Chu (50:50); the 2007 reorganisation reflected and confirmed that joint ownership; there was no concluded oral PB Restructuring agreement in January 2014; Topmove’s beneficial 50% shares belong to Lau (Declaration of Trust and accounting trace); the US$9,172,689.94 and related transfers derived from PB group funds routed via CMH/Topmove; and the Loan Agreement and Debenture were collateral protecti…