Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Land premium

  • 18 Mar 2019

    MUI SO BING v. WAN CHI SHING AND OTHERS

    Citation
    [2019] HKCFI 595
    Court
    Court of First Instance
    Case number
    HCA1698/2017

    Court found the 2008 and 2011 Powers of Attorney valid and that CS Chan was authorized; plaintiff proved existence of oral agreements and payments totaling HK$12,041,433 to CS Chan; plaintiff failed to establish a resulting trust over the houses because she did not pay for the purchase of the underlying lots (owners were already the Wans) and the claim of a resulting trust was conceptually misplaced and unpleaded constructive trust could not be substituted; however, on unjust enrichment the Wans were unjustly enriched to the extent of the payments received (HK$6,020,216.50 from the 1st Defend…

  • 19 Jan 2015

    ORIENTAL GENERATION LTD AND OTHERS v. LUK YUNG AND OTHERS

    Citation
    ORIENTAL GENERATION LTD AND OTHERS v. LUK YUNG AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDCS4000/2013

    The tribunal dismissed both summonses: the requested court and planning documents were not necessary for disposing fairly of the compulsory sale RDV issues nor for saving costs because valuation experts must independently formulate hypothetical optimal models based on operative law and zoning (including OZP 28) and legal questions about the effect of prior judgments and pending applications must be resolved by legal argument at trial; therefore discovery was refused and R40's summonses were dismissed, with time extension to file reply evidence granted.

  • 5 Feb 2009

    TSUI CHI KEUNG AND ANOTHER v. HUI FU KWOK

    Citation
    TSUI CHI KEUNG AND ANOTHER v. HUI FU KWOK
    Court
    Court of First Instance
    Case number
    HCA6812/1993

    The court found the cooperation agreement did not impose an obligation on the plaintiffs to pay the land premium prior to the deadline, the defendant failed to acquire title by the deadline and the Letter of Satisfaction was issued late; given the 17 year delay and absence of urgency specific performance was refused; the appropriate remedy was rescission of the first sale and purchase agreement with restitution of the $600,000 deposit plus interest and costs.

  • 16 Feb 2001

    WONG FAI v. RANK CHANCE DEVELOPMENT LTD. AND ANOTHER

    Citation
    WONG FAI v. RANK CHANCE DEVELOPMENT LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA18234/1998

    The court found the plaintiff did not repudiate the agreement, the defendants could not rely on clauses from an unsigned English draft to defeat the plaintiff's rights, relief against forfeiture made forfeiture of prior payments inequitable, and specific performance and a declaration of trust should be granted against both defendants subject to the plaintiff paying the assessed premium and specified minor sums within 14 days; defendants' counterclaim dismissed.