Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proprietary declarations

Legal area

Court

2 Apr 2020

TSANG YEE KAM v. YIP KWUN LUN, the executor of the estate of YIP SHING, Deceased

Citation

[2020] HKCFI 553
Court

Court of First Instance
Case number

HCA608/2014

The court declared that Mother is beneficially entitled to 50% of Chung Sing Flat, 50% of Shop 10 and a 50% share of the Sale Proceeds of Yau Wing Hong Tower (RMB 1,800,000 → RMB 900,000), and that Father/D held those assets on trust for Mother and himself as tenants in common in equal shares. The decision was based on (a) direct payment by Mother/Madam Leung of the refunded sum used as down payment (HK$14,840) and continuing contributions to mortgage/outgoings, (b) joint contributions and conduct evidencing a common intention that the family business Yau Wing Hong and its profits/assets were…
3 Jan 2020

UNITED KESVICK LTD v. TSANG WING FAI AND OTHERS

Citation

[2020] HKCFI 160
Court

Court of First Instance
Case number

HCA804/2019

Defendants had opportunity to file a defence and failed to do so; on the evidence the court was satisfied the plaintiff is entitled to declarations for delivery up of specific title deeds and that specified withdrawals were held on trust or constituted misapplications entitling plaintiff to monetary and proprietary relief; amendment to add further equitable damages/account of profits was refused as too late; enforcement of judgment in respect of certain payments was stayed by plaintiffs' undertaking pending a related judgment (HCMP 793/2018).