Hong Kong Case Law: Decisions & Judgments

Topic

Occupation rent

Legal area

Court

18 Apr 2024

LEE TUNG KIN MANDA v. CHAN YAN WING VIVIEN AND ANOTHER

Citation

[2024] HKDC 554
Court

District Court
Case number

DCCJ2302/2019

The court found on the balance of probabilities that there was a common intention between Lee and Ivy that Vivien hold legal title as nominee and that Lee and Ivy were equal beneficial owners; Lee's direct contribution to half the downpayment and incidental payments and the parties' conduct justified a common intention constructive trust. Vivien's remortgage (BEA Mortgage) without consent constituted a breach of trust (with Ivy's instigation), equitable accounting and credits were appropriate, and an order for sale under the Partition Ordinance was granted; the defendants' counterclaim failed…
1 Dec 2022

YAU KWOK YING v. The estate of SZETO PUI FAN, deceased AND ANOTHER

Citation

[2022] HKDC 1347
Court

District Court
Case number

DCMP450/2021

Defendants failed to prove any vitiating factor by the requisite clear evidence; the contemporaneous evidence (including the donor's intention) supports that the Deceased intended to gift half the Property; the post-execution amendments were clerical/corrective and not material or potentially prejudicial; therefore the 2008 Deed of Gift is valid and the Property is held as tenants in common in equal shares; consequential orders for sale, vacant possession, occupation rent and costs follow.
29 Apr 2022

CHAN PAK HUNG v. KEUNG LAI NOR WINNIE

Citation

[2022] HKCFI 1264
Court

Court of First Instance
Case number

HCA1158/2017

Defendant failed to prove on balance of probabilities the alleged oral agreement or that she solely financed the purchase; the credible and documentary evidence supports that Plaintiff materially funded the acquisition and the parties intended to be co-owners; accordingly the constructive trust claim fails, the counterclaim is dismissed, and an order for sale with equal division and nominal occupation rent is appropriate.
10 Mar 2022

WONG YUK KUN v. WONG YUK WAN AND ANOTHER

Citation

[2022] HKDC 145
Court

District Court
Case number

DCCJ4846/2016

Ds were the overall successful parties on the principal claim and counterclaim for beneficial ownership and injunction, but P successfully defeated Ds' counterclaim for occupation rent which was essentially a legal issue; accordingly the Costs Order Nisi is varied so Ds pay P's costs relating to occupation rent; Ds' Summons to vary the costs order for Preliminary Matters is dismissed because the Preliminary Matters were raised late and improperly, warranting indemnity costs to P; P's Summons succeeds in part and P is awarded costs of that summons.
13 Jul 2021

CHEUNG LAI MUI, the executrix of the estate of CHEUNG PING KAU and the administratrix of the estate of CHEUNG PING FUK (alias CHEUNG BING FUK) v. CHEUNG WAI SHING AND OTHERS

Citation

[2021] HKCFA 22
Court

Court of Final Appeal
Case number

FACV1/2021

The Court declared that D3 was entitled to proprietary estoppel in respect of the Disputed Land and ordered transfer of the undivided 2/3 share to D3; P's substantive claim was dismissed; costs were awarded on the basis that costs follow the event: P must pay all costs of D3 (and insofar as applicable D1 and D2) for the first dispute here and below, and D1 and D2 must pay all of P's costs here and below in respect of the second dispute; costs certified fit for two counsel.
31 May 2021

黃冠華對歐珈妤

Citation

[2021] HKCFI 1555
Court

Court of First Instance
Case number

HCA682/2018

The plaintiff failed to rebut the presumption that legal and beneficial title coincide; the parties intended joint beneficial ownership when title was taken as joint tenants, the HK$300,000 was not proved to be a loan, occupation rent and mortgage payments offset each other, and therefore the property must be sold with net proceeds split equally after liabilities and costs.
27 May 2021

CHEUNG LAI MUI, the executrix of the estate of CHEUNG PING KAU and the administratrix of the estate of CHEUNG PING FUK (alias CHEUNG BING FUK) v. CHEUNG WAI SHING AND OTHERS

Citation

[2021] HKCFA 19
Court

Court of Final Appeal
Case number

FACV1/2021

The Court held that D3 succeeded on proprietary estoppel because sufficient assurance, reliance and detriment existed prior to the cut-off (death of the last promisor in 1999) and ordered transfer of the Plaintiff's 2/3 beneficial share in Lot 1101 DD221 to D3; conversely, the Court rejected any free-standing modern equitable jurisdiction to order occupation rent absent ouster, agreement or partition/analogous equitable accounting and dismissed the counterclaim for mesne profits and occupation rent by D1 and D2.
18 Dec 2020

CHEUNG LAI MUI (張麗梅), the executrix of the estate of CHEUNG PING KAU and the administratrix of the estate of CHEUNG PING FUK (alias CHEUNG BING FUK) v. CHEUNG WAI SHING (張偉城) AND OTHERS

Citation

[2020] HKCFA 41
Court

Court of Final Appeal
Case number

FAMV151/2020

The Appeal Committee held that leave to appeal should be granted because the Court of Appeal erred in remitting questions of law to the trial judge instead of deciding legal principles itself; remittal of legal issues was inappropriate and potentially unfair, and therefore the remitter was stayed and leave granted to determine the legal issues at the Court of Final Appeal, with factual issues to be remitted only if necessary without procedural unfairness.
20 Mar 2020

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

Citation

[2020] HKCFI 349
Court

Court of First Instance
Case number

HCA2089/2009

The Court held the Court of Appeal order required a common form account limited to income actually received and expenses incurred; plaintiffs had not pleaded or proven wilful default or any agreement entitling them to occupation rent; the defendant's inadequate records justified limited adverse inferences but not wholesale substitution of market rent; the court computed net income on the evidence and presumptions and awarded plaintiffs one quarter of the net income plus post-judgment interest and costs.
1 Mar 2016

YEUNG YIU FAI v. TAM YUN KING

Citation

YEUNG YIU FAI v. TAM YUN KING
Court

District Court
Case number

DCMP1280/2015

The court found both parties hold equal (50%) beneficial interest based on contributions and evidence; partition was impracticable for a 560 sqft flat and sale would benefit the plaintiff who demonstrated need; the defendant failed to show very great hardship or a binding promise altering ownership; no occupation rent or profits were ordered because the defendant never let the property and the plaintiff's conduct indicated no rent was expected; repairs and maintenance paid by defendant were not recoverable absent proven increase in value.