Hong Kong Case Law: Decisions & Judgments

Topic

Delivery of possession

Legal area

Court

25 May 2020

WING LUNG BANK LTD v. KING ARNOLD THEO as Executor of the Estate of SHIH WEN HSIA BESSIE also known as BESSIE SHIH, BESSIE KING and BESSIE SHIH KING, deceased AND ANOTHER

Citation

[2020] HKCFI 911
Court

Court of First Instance
Case number

HCMP1089/2016

The survivorship clause in the bank's contract does not determine ownership of items in a joint safe deposit box; ownership depends on evidence of the donor's intention and delivery for an inter vivos gift, with contemporaneous conduct given greater weight when assessing those elements.
1 Mar 2016

SZETO CHAK MEI (THE SOLE ADMINISTRATRIX OF THE UNADMINISTERED PROPERTIES OF THE LATE SZETO CHIU, DECEASED) v. CHAN LAM SHANAND OTHERS

Citation

SZETO CHAK MEI (THE SOLE ADMINISTRATRIX OF THE UNADMINISTERED PROPERTIES OF THE LATE SZETO CHIU, DECEASED) v. CHAN LAM SHANAND OTHERS
Court

Court of First Instance
Case number

HCMP836/2012

The 1st defendant failed to prove a clear and unequivocal representation that title would be transferred to her; the alleged 1990 phone call and other evidence were implausible or uncorroborated, there was unreasonable delay and lack of steps to obtain transfer, payments and nominal divorce maintenance did not establish causal detrimental reliance, and the circumstances support occupancy as a revocable licence; accordingly proprietary estoppel is not established and the administratrix is entitled to an order for vacant possession.
2 Jul 2004

LEE YUK SUM AND ANOTHER v. LEAD BRIGHT LTD

Citation

LEE YUK SUM AND ANOTHER v. LEAD BRIGHT LTD
Court

Court of First Instance
Case number

HCA673/1999

Claim dismissed: on the express terms and approved building plans the defendant was only obliged to provide a curb and hatch-cover and later an internal staircase to the roof; the plans and express contract excluded stairhoods and parapet walls so no inconsistent implied term or warranty could be implied; no actionable misrepresentation or duty to disclose was established and plaintiffs failed to prove non-delivery or lack of compliance
17 Jul 1995

CHAN YUK LAN v. CHIA WAI HING and Another

Citation

CHAN YUK LAN v. CHIA WAI HING and Another
Court

Court of First Instance
Case number

HCA9174/1993

The plaintiff failed to discharge the burden of proving the sale was a sham; documentary and contemporaneous banking and company records corroborated the defendants' account that beneficial ownership passed; alternatively, disclosure of an illegal scheme to obtain a bank loan would bar the plaintiff from equitable relief. Therefore the plaintiff's claim was dismissed and the defendants entitled to possession and agreed mesne profits.
19 May 1994

LAU TAK FAI t/a CURRY HOUSE v. GRAND SEASONS (CENTRAL) FOOD AND BEVERAGES CATERERS CO. LTD.

Citation

LAU TAK FAI t/a CURRY HOUSE v. GRAND SEASONS (CENTRAL) FOOD AND BEVERAGES CATERERS CO. LTD.
Court

Court of Appeal
Case number

CACV174/1993

The order for vacant possession was set aside because the plaintiff was already in physical possession and the vacant possession remedy was not supportable on the facts; the court will not go behind the formal order to treat it as consent based on notes, and the proper remedy for removal of belongings was an order for removal rather than vacant possession.
8 Jan 1987

THE WORLD REALTY LTD v. KWAN NGAR YIN

Citation

THE WORLD REALTY LTD v. KWAN NGAR YIN
Court

Court of Appeal
Case number

CACV150/1986

There was insufficient evidence that the plaintiffs unequivocally accepted delivery of possession on or about 31 July 1985; omissions in the rent ledger and failure to return keys did not alone establish acceptance; consequently no surrender by operation of law occurred and the defendant remained liable for rent and fees. The defendant failed to prove special damages for loss of profit, so only a nominal set-off for breach was appropriate; appeal allowed and judgment entered for plaintiffs for $60,000.

Hong Kong Case Law

WING LUNG BANK LTD v. KING ARNOLD THEO as Executor of the Estate of SHIH WEN HSIA BESSIE also known as BESSIE SHIH, BESSIE KING and BESSIE SHIH KING, deceased AND ANOTHER

SZETO CHAK MEI (THE SOLE ADMINISTRATRIX OF THE UNADMINISTERED PROPERTIES OF THE LATE SZETO CHIU, DECEASED) v. CHAN LAM SHANAND OTHERS

LEE YUK SUM AND ANOTHER v. LEAD BRIGHT LTD

CHAN YUK LAN v. CHIA WAI HING and Another

LAU TAK FAI t/a CURRY HOUSE v. GRAND SEASONS (CENTRAL) FOOD AND BEVERAGES CATERERS CO. LTD.

THE WORLD REALTY LTD v. KWAN NGAR YIN