Hong Kong Case Law: Decisions & Judgments

Topic

Partition proceedings

Legal area

Court

29 Apr 2024

HONG KONG FINANCE (PERSONAL LOAN) LTD v. LAW PIK HA PENNY AND ANOTHER

Citation

[2024] HKDC 690
Court

District Court
Case number

DCMP1063/2024

Plaintiff established compliance with statutory and procedural requirements, the 1st defendant was in default, and because partition was impracticable and sale would be objectively beneficial, the court entered money judgment against the 1st defendant and ordered possession and sale of the Property and Car Parking Space in terms of the revised draft order.
29 Jul 2020

YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG HUNG HEI PATRICK, DECEASED

Citation

[2020] HKCFI 1693
Court

Court of First Instance
Case number

HCA2812/2015

The court found on the evidence the 1999 transfers were not proved to be conditional: alleged conditions were at best precatory and, in any event, void for uncertainty; alternatively any trust arising from breach would be a remedial (Type 2) constructive trust caught by the six‑year limitation and, together with inordinate delay, barred by laches; accordingly the plaintiff's claim failed and was dismissed.
5 Jul 2001

CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD. v. COLLECTOR OF STAMP REVENUE

Citation

CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD. v. COLLECTOR OF STAMP REVENUE
Court

Court of Appeal
Case number

CACV1115/2000

Read in light of their recitals and the April 1995 deed of settlement, the 1995 assignments operated to transfer both legal and beneficial interests to the appellant; the instruments disclosed the relevant facts required by s11 and therefore operated as voluntary dispositions within s27(1), so the original stamp duty assessments were correct and the appeal was dismissed.

Hong Kong Case Law

HONG KONG FINANCE (PERSONAL LOAN) LTD v. LAW PIK HA PENNY AND ANOTHER

YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG HUNG HEI PATRICK, DECEASED

CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD. v. COLLECTOR OF STAMP REVENUE