Hong Kong Case Law: Decisions & Judgments

Topic

Default judgment (order 19)

Legal area

Court

10 Jul 2023

CHAN KANG HUNG BOVIS v. CHAN KANG KONG THE EXECUTOR OF THE ESTATE OF CHAN SUN CHI, deceased

Citation

[2023] HKDC 933
Court

District Court
Case number

DCCJ5981/2019

On the uncontested pleadings and evidence filed the court was satisfied the plaintiff had established a common intention constructive trust, having paid purchase and mortgage costs and relied to his detriment; the severance notice purportedly severing the joint tenancy was ineffective because there was no beneficial joint tenancy to sever; accordingly the court granted declarations that the plaintiff is the sole beneficial owner, vacated the registered notice, made a vesting order under Trustee Ordinance s45(g), and granted ancillary orders to give effect to the vesting order including appoin…
29 Mar 2023

TANG SAU KUEN CONNIE v. CHAN ENG LONG AND OTHERS

Citation

[2023] HKDC 402
Court

District Court
Case number

DCCJ2436/2022

On the pleaded facts and undisputed documentary material the plaintiff was defrauded into transferring the sums; the Account-holder Defendants received and retained the funds in circumstances making it unconscionable to do so, thereby giving rise to a constructive trust; default judgment was therefore appropriate to declare the trust and order return. A vesting and transfer order under the Trustee Ordinance was appropriate for the Second Sum (HK$504,000) which remained identifiable in the 2nd defendant's bank account; vesting for the First Sum (HK$248,269) was refused because the funds had be…
28 Mar 2006

THE INCORPORATED OWNERS OF NOS. 3-3E WANG FUNG TERRACE v. LAW CHI WING AND ANOTHER

Citation

THE INCORPORATED OWNERS OF NOS. 3-3E WANG FUNG TERRACE v. LAW CHI WING AND ANOTHER
Court

District Court
Case number

DCCJ230/2006

The court refused summary judgment against the 2nd Defendant because there were genuine factual disputes as to nuisance under Clause 9(c) of the DMC and an arguable defence to the House Rules issue (including doubts as to the validity/enforceability of Rule 6); the court also declined summary relief against the 1st Defendant and exercised its discretion under Order 19 to limit default judgment against the 1st Defendant to an order to cause removal of the dog rather than grant a perpetual injunction; the 2nd Defendant was ordered by consent to remove the dog by 25 March 2006 and restrained fro…

Hong Kong Case Law

CHAN KANG HUNG BOVIS v. CHAN KANG KONG THE EXECUTOR OF THE ESTATE OF CHAN SUN CHI, deceased

TANG SAU KUEN CONNIE v. CHAN ENG LONG AND OTHERS

THE INCORPORATED OWNERS OF NOS. 3-3E WANG FUNG TERRACE v. LAW CHI WING AND ANOTHER