Hong Kong Case Law: Decisions & Judgments

Topic

Deed of trust

Legal area

Court

22 Nov 2021

CHAU CHUN KUN AND OTHERS v. YEUNG HO KEUNG RENE

Citation

[2021] HKCFI 3507
Court

Court of First Instance
Case number

HCA2369/2016

The court held that the Property was held on trust for the named Beneficiary, Fuk Hing Li San Wai Village Office, because the Trust Deed expressly identified that association as beneficiary, contemporaneous documents and conduct established that the Purchase Money was provided for and on behalf of the association, beneficiaries were sufficiently ascertainable at the time of the trust's creation, and the defendant (as administrator) is estopped by the deed and related conduct from denying those agreed facts.
22 Apr 2020

WU FUNG CHU v. NG PAK WING

Citation

[2020] HKCFI 615
Court

Court of First Instance
Case number

HCA654/2014

The Deed of Trust's Assignment Obligation is expressed in clear, unqualified terms and cannot be varied or defeated by alleged implied terms in a separate Agreement; the Defendant failed to demonstrate that any term should be implied into the Agreement which would render the Deed subject to conditions, and no triable issue or credible misrepresentation defence was established; summary judgment for the Plaintiff was appropriate and the appeal was allowed.
7 Aug 2013

CHOW SAU HEI v. HO KEUNG YUEN, CHEUNG SUK CHUN, FINTASY LTD

Citation

CHOW SAU HEI v. HO KEUNG YUEN, CHEUNG SUK CHUN, FINTASY LTD
Court

Court of First Instance
Case number

HCMP717/2006

The court found on the facts that the petitioner knowingly advanced numerous untrue, speculative or unsupported allegations, cynically used procedural mechanisms (including striking a deed under the Stamp Duty Ordinance) to deprive opponents of evidence and then made grave fraud and misappropriation allegations; that conduct amounted to an affront to the court and justified an order that the petitioner pay costs on an indemnity basis, notwithstanding allegations of respondent misconduct.
20 Feb 2008

CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD

Citation

CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD
Court

Court of First Instance
Case number

HCA2884/2004

No arguable defence was disclosed because the deed plainly recorded an outstanding trust obligation and the defendant's explanation for alleged superseding events was not credible or supported by cogent evidence; the share transfers did not plausibly discharge the trust given the lack of consideration, absence of documentary proof consistent with satisfaction, and the commercial value involved. Accordingly summary judgment for the plaintiff was correct and the defendant's appeal fails.

Hong Kong Case Law

CHAU CHUN KUN AND OTHERS v. YEUNG HO KEUNG RENE

WU FUNG CHU v. NG PAK WING

CHOW SAU HEI v. HO KEUNG YUEN, CHEUNG SUK CHUN, FINTASY LTD

CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD