Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equitable proprietary interest

  • 12 Mar 2018

    KWOK MEI HA MAY v. CHIU YUNG

    Citation
    [2018] HKCFI 658
    Court
    Court of First Instance
    Case number
    HCA3079/2015

    The applications to strike out the defence and counterclaim and for summary determination under Order 14/14A were misconceived because the matters raise serious and complex equitable issues (constructive trust, proprietary estoppel, notice) that are plainly arguable and require trial; accordingly the application for leave to appeal is dismissed and costs awarded against the plaintiff.

  • 29 Jun 1999

    POON YUET CHUN v. TSE SO KWAN

    Citation
    POON YUET CHUN v. TSE SO KWAN
    Court
    Court of First Instance
    Case number
    HCA8006/1993

    The court found the Chinese document (P-1), the payment evidence (via Tsang Cheung) and consistent occupation supported the Plaintiff's equitable interest; the Defendant's account was inconsistent and unreliable; forensic evidence did not support post-signature alteration; applying equitable principles and presumption of advancement, legal title held by Defendant is declared held on trust for the Plaintiff as to one half share and Plaintiff is entitled to exclusive possession of the 1st floor and damages for trespass at market rental; no proven conversion liability against the Defendant.