Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Equitable ownership

Legal area

Court

7 Jul 2023

LEUNG CHI FONG MAGGIE v. LEUNG CHI WAI

Citation

[2023] HKDC 943
Court

District Court
Case number

DCMP911/2023

The court found on the unchallenged evidence and supporting documents that a common intention constructive trust arose such that the plaintiff is entitled to one half of the beneficial interest in the Property from completion and that the defendant has held one moiety on trust for the plaintiff since the mother's death; the court therefore granted a declaration that the parties hold the Property as tenants in common in equal shares, but the declaration is made subject to the subsisting legal charge in favour of HSBC because the mortgagee is an interested third party who must be protected or j…
28 Mar 2014

YEUNG WING YAN v. FONG CHUN KIT

Citation

YEUNG WING YAN v. FONG CHUN KIT
Court

Court of First Instance
Case number

HCA1703/2013

Defendant failed to establish a bona fide defence of total failure of consideration because (i) the cheques constituted cash consideration and equitable interest in the nominee-held shares passed on payment, (ii) contemporaneous documentary evidence showed plaintiff had taken steps to effect the transfer and defendant delayed or avoided completing it, and (iii) alleged forgery and account-closure matters did not raise triable issues sufficient to defeat summary judgment; therefore summary judgment was properly entered and the appeal dismissed.