Hong Kong Case Law: Decisions & Judgments

Topic

Delivery up of title deeds

Legal area

Court

9 Nov 2021

CHAN SZE WING v. CONGRUENCE CHINESE MEDICINE & JING LUO HEALTH LTD AND ANOTHER

Citation

[2021] HKCFI 3355
Court

Court of First Instance
Case number

HCA866/2012

The sealed judgment was corrected under the slip rule and, insofar as necessary, under the Court's inherent jurisdiction to include the Company as liable to deliver up the title deeds so as to give effect to the clear intention of the original judgment; permission for TPC to represent the Company was refused for want of proper statutory process and material; costs of the summons were ordered to be paid by the Company to the plaintiff.
3 Jan 2020

UNITED KESVICK LTD v. TSANG WING FAI AND OTHERS

Citation

[2020] HKCFI 160
Court

Court of First Instance
Case number

HCA804/2019

Defendants had opportunity to file a defence and failed to do so; on the evidence the court was satisfied the plaintiff is entitled to declarations for delivery up of specific title deeds and that specified withdrawals were held on trust or constituted misapplications entitling plaintiff to monetary and proprietary relief; amendment to add further equitable damages/account of profits was refused as too late; enforcement of judgment in respect of certain payments was stayed by plaintiffs' undertaking pending a related judgment (HCMP 793/2018).
18 Oct 2018

CHAU PUI NGAI v. CHAU YAU ZING AND ANOTHER

Citation

[2018] HKCFI 2368
Court

Court of First Instance
Case number

HCA298/2017

Substituted service was justified because the plaintiff exhausted reasonable means of personal service, the last known address and other methods made the proposed substituted service likely to notify D2, and it was appropriate to impose a 28‑day compliance period from the date substituted service is effected; therefore personal service was dispensed with and substituted service ordered, with costs to the plaintiff.
21 Nov 2017

YU KING CHAU alias YUE KING CHOW v. The Personal Representatives of the estate of FONG FU FOON alias FONG FOO FON

Citation

YU KING CHAU alias YUE KING CHOW v. The Personal Representatives of the estate of FONG FU FOON alias FONG FOO FON
Court

Court of First Instance
Case number

HCA1438/2011

Plaintiff failed to prove on the balance of probabilities that he had the requisite factual possession and unequivocal intention to exclude the true owners, so adverse possession was not established; by intermeddling with estate property and collecting rents without authority and without accounting, plaintiff was an executor de son tort and, in respect of Flats 7B and 7C, a constructive trustee; defendants were entitled to vacant possession of Flats 7B and 7C, an account of profits from the Building since 1981, delivery up of the Building's title deeds and costs on a party-and-party basis.
6 Jan 2011

CHUNG SIU KONG AND OTHERS v. KITTY SO & TONG SOLICITORS (a firm)

Citation

CHUNG SIU KONG AND OTHERS v. KITTY SO & TONG SOLICITORS (a firm)
Court

Court of Appeal
Case number

CACV187/2010

The correspondence was an invitation to treat and not an offer under clause 15; the defendant solicitors acted properly in protecting the interests of all owners and in adhering to the Agreement, therefore the Representatives were not entitled to the unopened tender or the title deeds and the costs orders below were accordingly adjusted (first appeal allowed on costs; second appeal dismissed).

Hong Kong Case Law

CHAN SZE WING v. CONGRUENCE CHINESE MEDICINE & JING LUO HEALTH LTD AND ANOTHER

UNITED KESVICK LTD v. TSANG WING FAI AND OTHERS

CHAU PUI NGAI v. CHAU YAU ZING AND ANOTHER

YU KING CHAU alias YUE KING CHOW v. The Personal Representatives of the estate of FONG FU FOON alias FONG FOO FON

CHUNG SIU KONG AND OTHERS v. KITTY SO & TONG SOLICITORS (a firm)