Hong Kong Case Law: Decisions & Judgments

Topic

Proprietary/promissory estoppel

Legal area

Court

16 Dec 2024

香港平民屋宇有限公司對曹綽芝

Citation

[2024] HKDC 2110
Court

District Court
Case number

DCCJ5507/2023

The court refused the defendants' application to stay the Regional Court proceedings and refused the plaintiff's application for expedited trial directions at this stage. The judge exercised case‑management discretion: balance of convenience, fairness and cost‑efficiency favoured continuation of ordinary case management because the JR issues are fact‑sensitive, may not be determinative of private law defences, and prejudicial impact on defendants from accelerated timetabling was significant; parties may revisit expedited directions after the JR hearing (scheduled 25 April 2025).
22 Dec 2020

TANG LUI LEO v. WONG ELAINE

Citation

[2020] HKCFI 3087
Court

Court of First Instance
Case number

HCA1433/2012

On the evidence, including contemporaneous messages and conduct, the court was satisfied on the balance of probabilities that the plaintiff intended to make an immediate, complete gift of the property to the defendant (pressured by infatuation and the defendant's demands). The transfer was therefore an unqualified gift; presumptions of resulting trust did not apply. Accordingly the plaintiff's claim failed; the defendant is the sole legal and beneficial owner and the plaintiff has trespassed since at least 1 August 2012 and owes mesne profits, to be assessed with interest.
10 Oct 2018

WIN GLORIES LTD v. MAJORLUCK LTD

Citation

[2018] HKLdT 80
Court

Lands Tribunal
Case number

LDPE494/2018

Tribunal found some breaches (hair salon and private tuition centres) but held the applicant had acquiesced in those changes of use such that recovery of possession was not justified; the applicant was given one month under section 58(2) to remedy breaches, failing which the respondent would be ordered to pay damages fixed at HK$10,000 per month per breached stall; overall the application for recovery of vacant possession was dismissed and costs were awarded to the respondent (HK$5,000).
17 Jul 2018

HSU KIM MING, THE EXECUTOR OF THE ESTATE OF LO SOOK HING, DECEASED v. CHUI YUK FEI

Citation

[2018] HKDC 815
Court

District Court
Case number

DCMP230/2015

Defendant failed to discharge the heavy burden of proving an express common intention that he was sole beneficial owner and failed to prove detrimental reliance or traceable contributions to the purchase price; accordingly equity follows legal title, claims in constructive trust, resulting trust and estoppel are dismissed; it is impracticable to partition, so an order for sale under s6 Partition Ordinance is warranted; the tenancy agreement executed by one joint tenant is invalid.

Hong Kong Case Law

香港平民屋宇有限公司 對 曹綽芝

TANG LUI LEO v. WONG ELAINE

WIN GLORIES LTD v. MAJORLUCK LTD

HSU KIM MING, THE EXECUTOR OF THE ESTATE OF LO SOOK HING, DECEASED v. CHUI YUK FEI

香港平民屋宇有限公司對曹綽芝