Hong Kong Case Law

何貝芳 對 袁國強及另一人

Court

Court of First Instance

Case number

HCA2378/2017

The court found the plaintiff's allegations lacked contemporaneous supporting evidence, her credibility was weak, and the documentary and communication evidence showed she participated in drafting and accepted the terms; therefore she failed to prove duress, undue influence or unconscionability and the memorandum, property transfers and share transfer are valid and enforceable; the bank was an innocent bona fide mortgagee without notice of any overriding equitable interest.

Source excerpt

• Duress
• Undue influence
• Unconscionable bargain
• Rescission of transfers
• Mortgagee bona fide for value without notice
• Credibility and evidence

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TREASURE SPOT FINANCE CO LTD v. HO KWAN CHEONG AND OTHERS

Court

Court of Appeal

Case number

CACV102/2025

The Court of Appeal refused a 2nd defendant’s bid to adduce fresh evidence on appeal, finding the Ladd v Marshall conditions were not met and costs were awarded.

• Fresh evidence on appeal
• Undue influence
• Duress
• Mortgage enforcement
• Conflict of interest
• Solicitor conduct

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香浪生 對 王美園

Court

District Court

Case number

DCCJ2842/2023

Court accepted plaintiff's evidence and contemporaneous documents, found defendant failed to prove proprietary estoppel or any beneficial interest in the Lai Wah Court property (license revoked and 27/02/2023 letter admissions decisive); found defendant acted without authority in leasing Fuk Wah Street premises and must account for profits; found HK$950,000 was obtained by undue influence (and supported by admissions in recordings) and must be repaid with interest; awarded costs to plaintiff (interim).

Source excerpt

• Proprietary estoppel
• Undue influence
• Duress
• Accounting for profits
• Unauthorized agency
• Imperfect gift

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XUE BORAN AND ANOTHER v. HUI CHI SUM AND ANOTHER

Court

Court of Appeal

Case number

CACV70/2024

The Court of Appeal dismissed both defendants’ appeals in a HK$20 million loan dispute, upholding findings that the oral loan, Loan Note and Loan Agreement were enforceable.

• Loan agreement
• Oral contract
• Loan note
• Consideration
• Duress
• Undue influence

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AU MAN LEUNG v. AU CHI YUEN AND OTHERS

Court

Court of First Instance

Case number

HCA83/2023

Summary judgment was refused in a family dispute over alleged duress and undue influence, because the documents and recordings left genuine factual issues for trial.

• Summary judgment
• Duress
• Undue influence
• False imprisonment
• Constructive trust
• Transfer of shares

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方淑敏 對 薛玉英

Court

District Court

Case number

DCCJ2897/2021

Court found on the balance of probabilities a common intention that the plaintiff alone should have beneficial ownership; plaintiff paid and bore all purchase and upkeep costs and detrimentally relied on assurances; therefore a constructive trust arises in favour of the plaintiff and the defendant holds only as a constructive trustee; the 2000 agreement was either non‑existent or procured by duress and/or time‑barred so the defendant’s counterclaim is dismissed.

Source excerpt

• Constructive trust
• Resulting trust
• Common intention
• Joint tenancy
• Duress
• Consideration

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LUK SIU PO v. LUK HIN LUN AND OTHERS

Court

Court of First Instance

Case number

HCA399/2019

The court set aside multiple impugned documents, awarded damages and account relief, but dismissed several fraud claims as time-barred.

• Fraudulent misrepresentation
• Undue influence
• Duress
• Resulting trust
• Constructive trust
• Restitution

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LAU PING LAM v. CHOI SAU POON AND ANOTHER

Court

District Court

Case number

DCCJ3183/2022

The District Court held that Lau’s October 2019 transfer to Cheung was a $2,000,000 gift, not a loan, and that the Canton Road Property was a gift to Choi.

• Resulting trust
• Gift versus loan
• Proprietary estoppel/estoppel by representation
• Duress
• Credibility of witnesses
• Remedies - declaration and costs

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ZHANG, FENGQIU v. CHAN, KA YUNG AND ANOTHER

Court

Court of First Instance

Case number

HCA951/2023

Hong Kong High Court enforced Mainland judgments for loan and property-related debts, rejected service and duress challenges, and awarded RMB114,572,614.92 plus interest and costs.

• Recognition and enforcement of foreign judgments
• Assignment of judgments
• Duress
• Limitation
• Personal loan agreements
• Profit sharing on property sale

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CHENG XURAN v. WONG WAI SZE

Court

Court of First Instance

Case number

HCA1713/2021

法院裁定口頭貸款協議成立，否定書面貸款協議簽署真實性，並認為和解/還款協議有效且無脅迫或精神欠缺能力問題。

• Oral loan agreement
• Repayment agreement
• Iou
• Handwriting expert evidence
• Pre-judgment interest
• Witness credibility

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