Hong Kong Case Law: Decisions & Judgments

Topic

Equitable interest

Legal area

Court

13 Jun 2022

HONG KONG SAI KUNG NGONG WO RESORT DEVELOPMENT LTD v. ZHANG XIANJIE

Citation

[2022] HKCFI 1710
Court

Court of First Instance
Case number

HCA1387/2018

On the balance of probabilities the Court found that Ngong Wo provided the funds to purchase and renovate the House and therefore a resulting trust arose in its favour; however Fu Tat, a licensed money lender with a registered legal charge, did not have actual or constructive notice of Ngong Wo's equitable interest and thus its legal charge has priority and it is entitled to vacant possession despite the beneficial ownership finding.
5 Feb 2018

KWOK MEI HA MAY v. CHIU YUNG

Citation

[2018] HKCFI 462
Court

Court of First Instance
Case number

HCA3079/2015

Plaintiff's applications were dismissed because the defendant has arguable equitable defences: there is an arguable constructive trust in favour of Mr Tang and a factual dispute whether his equitable interest was gifted to the defendant and whether the plaintiff had notice; these are triable issues making strike out and summary judgment inappropriate, and Order 14A is unsuitable because questions posed were hypothetical.
16 Aug 2017

SKY JOY INVESTMENT LTD v. ZHENG DUNMU AND ANOTHER

Citation

SKY JOY INVESTMENT LTD v. ZHENG DUNMU AND ANOTHER
Court

Court of First Instance
Case number

HCA395/2016

Li failed to demonstrate a sufficiently arguable case or real prospect of success because the plaintiff acquired an equitable interest by way of the Share Charge on 30 September 2015 which predated any equitable interest Li obtained upon exercise of options in September/November 2016; accordingly the default judgment insofar as it declared legal title and validated the contested new share certificates could not stand without evidence and was set aside and limited to a declaration of equitable interest only.
17 Jul 2017

SI TOU CHOI KAM v. WEALTH CREDIT LTD

Citation

SI TOU CHOI KAM v. WEALTH CREDIT LTD
Court

District Court
Case number

DCMP537/2016

The court granted leave to appeal because the plaintiff demonstrated a real prospect of success on the unsettled question whether charging orders registered on the land register can be vacated retrospectively by a subsequent court declaration of equitable interest, and because the interests of justice warranted hearing the appeal; consequently the application for leave succeeded and costs were reserved in the cause with certificate for counsel.
26 Jul 2012

CHOW HOI PING v. CASSON CITY MONEY EXCHANGE CO, LTD

Citation

CHOW HOI PING v. CASSON CITY MONEY EXCHANGE CO, LTD
Court

District Court
Case number

DCCJ336/2012

Claimant failed to discharge burden to prove he retained beneficial ownership of the seized banknotes; the notes were commingled and unidentifiable after delivery to the defendant who contracted to remit the funds and thus had acquired possession and beneficial interest; execution at the branch where the notes were found was valid; claimant's interpleader claim dismissed and costs ordered against claimant.
10 Oct 2011

NG LUK MUI AND ANOTHER v. SHIU TSUN WAI, VINCENT AND ANOTHER

Citation

NG LUK MUI AND ANOTHER v. SHIU TSUN WAI, VINCENT AND ANOTHER
Court

Court of Appeal
Case number

CACV51/2011

The Court of Appeal held that on the findings of fact the 2nd defendant provided valuable consideration (including satisfaction of an existing debt of HK$427,040), took the assignment in good faith without notice of Madam Ng's equitable interest, and therefore was a bona fide purchaser for value without notice; the appeal was allowed and the inferior court's orders in respect of claim and counterclaim were set aside accordingly.
12 Oct 2009

LAM HONG CHING ANDY v. WONG KAM TONG

Citation

LAM HONG CHING ANDY v. WONG KAM TONG
Court

Court of First Instance
Case number

HCA1144/2006

The court rejected Wong's evidence as unreliable and found on the balance of probabilities that the material payments for Flat 3 (and the relevant payments connected to Flat 6) were funded by Sung; therefore Wong held Flat 3 on resulting trust for Sung's estate, breached that trust by mortgaging the property, and the estate was entitled to a declaratory remedy and orders for transfer or damages; Wong's claim to Flat 6 was dismissed.
13 Feb 2008

FLYING MORTGAGE LTD v. CHAN KUEN KWONG AND OTHERS

Citation

FLYING MORTGAGE LTD v. CHAN KUEN KWONG AND OTHERS
Court

District Court
Case number

DCCJ5004/2006

The applicant produced sufficient evidence of a potential equitable interest and continuous occupation such that a live issue exists as to whether the plaintiff was put on notice; accordingly the applicant should be permitted to be joined as an additional defendant without needing to meet the higher threshold applicable to setting aside default judgment.
7 Dec 2005

LI YI PING v. NG MAI NGOR

Citation

LI YI PING v. NG MAI NGOR
Court

District Court
Case number

DCCJ1230/2004

Plaintiff's case was rejected because her oral evidence was inconsistent and unsupported by contemporaneous documentary evidence; statutory declarations and bank records showed funds were treated as donations and held in joint/group accounts rather than beneficially by defendant; the Property's ownership and conduct of parties supported the view that defendant did not beneficially own the Property; therefore plaintiff failed to prove loans or an equitable interest and her claims were dismissed; however defendant's request to vacate the lis pendens was granted because it was appropriate to rem…
16 Jun 2005

YEUNG KIU HO v. YAU PIK WING AND ANOTHER

Citation

YEUNG KIU HO v. YAU PIK WING AND ANOTHER
Court

District Court
Case number

DCCJ3468/2002

The court found that the plaintiff, by the husband's express assurances and her substantial expenditure and rebuilding works in reliance, acquired an equitable proprietary interest in the land; the purported sale and assignment were procured by fraud (irregularities and third‑party payment), and the 2nd defendant was not a bona fide purchaser for value without notice because notice had been given to her solicitors and no bona fide value was shown; accordingly the sale and assignment are void and the plaintiff's equitable interest is declared and protected, with an order to effect legal convey…