Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illegality and clean hands

  • 15 Oct 2009

    WONG SING v. WONG CHUN WAI

    Citation
    WONG SING v. WONG CHUN WAI
    Court
    Court of First Instance
    Case number
    HCA1872/2005

    The presumption of advancement applied in favour of the defendant as the plaintiff's son; the plaintiff could not rely on a resulting trust because his case depended on an illegality (structuring purchases to save stamp duty) which barred reliance on the presumption of resulting trust; factual findings established the plaintiff intended to make a gift to the defendant; therefore the defendant is sole beneficial owner and the plaintiff's lis pendens registration was wrongful, entitling the defendant to damages and indemnity.

  • 16 Dec 1983

    CHAN CHEUNG HING v. CHAN TANG LAW

    Citation
    CHAN CHEUNG HING v. CHAN TANG LAW
    Court
    Court of First Instance
    Case number
    HCMP726/1979

    Court found a single family fund administered by the wife into which profits from the factories were paid; husband entitled to one-half of that family fund and to one-half beneficial interest in the 14-20 Wah Wing Industrial Building purchased from it; husband was debarred by his own admitted purpose of placing certain properties (including 78 Un Chau Street and 282 and 286-300 Cheung Sha Wan Road) in the wife's name to evade tax from establishing equitable title in those properties; ordered sale of the Wah Wing property and equal division of proceeds; proceeds of sale of 282 were held to hav…