Hong Kong Case Law: Decisions & Judgments

Topic

Proprietary remedies

Legal area

Court

10 Apr 2026

DINGWAY INVESTMENT LTD (In Compulsory Liquidation) v. CHINA CITY CONSTRUCTION & DEVELOPMENT CO., (HONG KONG) LTD AND OTHERS

Citation

[2026] HKCFI 1976
Court

Court of First Instance
Case number

HCA309/2022

The court set aside the portion of the default judgment awarding US$45,076,164.38 for knowing receipt because, on the pleaded RASOC, P had no arguable proprietary interest in the Miami Land or the 2021 sale proceeds and therefore could not sustain a knowing receipt claim; however the court upheld liability for unlawful means conspiracy against D6 because P had pleaded compensable loss in the form of loss of the CCCC Shares and the repayment of shareholder loans and that claim was not barred by the reflective loss principle; consequentially enforcement garnishee and charging orders based solel…
10 Apr 2026

LEE KA LING v. WONG WING CHI

Citation

[2026] HKDC 624
Court

District Court
Case number

DCCJ3420/2021

On the evidence the plaintiff's contemporaneous records, patterns of transfers and involvement in the businesses were credible and established equitable interests: the defendant holds Fantasy Ballet shares and the investment money on constructive trust for the plaintiff and the Japan property was acquired on joint beneficial terms; the Mozambique rule does not bar an in personam equitable claim; Onpop split claim for HK$75,000 was not proven and is dismissed; appropriate declarations, accounts and transfer/restitution orders follow.
27 Mar 2026

CARMON REESTRUTURA-ENGENHARIA E SERVIÇOS TÉCNICOS ESPECIAIS (SU) LIMITADA v. CARMON RESTRUTURA LTD AND ANOTHER

Citation

[2026] HKCFI 1573
Court

Court of First Instance
Case number

HCA1812/2022

On the totality of contemporaneous documentation and witness evidence the court finds that Cuenda acted as nominee/trustee for Carmon Angola in respect of the 1st defendant and its bank account; the shares in Carmon HK and the funds in its bank account were held on express trust for Carmon Angola and the December 2022 transfers were misappropriation; therefore declarations, proprietary remedies, equitable compensation, personal liability for misappropriated funds and transfer of shares are warranted.
18 Mar 2026

JOEL ENRIQUE VIVEROS GALINDO v. TAN ZHIRONG AND OTHERS

Citation

[2026] HKCFI 1616
Court

Court of First Instance
Case number

HCA733/2022

On the pleaded facts the Plaintiff established a conspiracy to defraud, knowing receipt, unjust enrichment and that it would be unconscionable for the 3rd Defendant to retain the Vantary Shares; accordingly default relief was warranted without trial in respect of the 3rd Defendant, including a declaration of constructive trust, mandatory transfer, a 12‑month injunction, accounts and assessed costs.
23 Dec 2024

HUI CHUN PING v. HUI KAU MO

Citation

[2024] HKCFA 32
Court

Court of Final Appeal
Case number

FACV6/2024

The Court held that s.20(1)(b) does not apply to the defendant because the alleged constructive trust arose from the defendant's own wrongful acquisition (category 2), so the six-year limitation in s.20(2) applies and the claim was time-barred; ancillary claims for accounts and equitable compensation are ancillary to and substantially the same as the barred breach of trust claim and are therefore also barred; appeal dismissed.
20 Dec 2024

UBS AG v. LAM CHUNG YIU CHARLES AND ANOTHER

Citation

[2024] HKCFI 3655
Court

Court of First Instance
Case number

HCA413/2021

The court held that plaintiff established a prima facie sustainable case that the 1st defendant was involved in the remaining 169 unauthorised transfers by reference to the defendant's criminal admissions, transaction records (CHATS/SWIFT), repeating merchant patterns and staff affirmations; the defendant failed to particularise any credible defence or identify witnesses or documents to support a defence; accordingly there were no triable issues and summary judgment was entered for plaintiff for damages of US$6,245,936.52 and for declaratory and account relief in respect of US$569,581.03, tog…
5 Oct 2023

CHINOVATION LEASING LTD v. ZHU LINSHAN AND OTHERS

Citation

[2023] HKCFI 2544
Court

Court of First Instance
Case number

HCA985/2021

The court found there are serious issues to be tried both as to whether the Transfer of CEIL was at an undervalue and whether the 16 June 2020 board resolutions and appointments complied with CEIL's Articles; the balance of convenience favoured preserving the status quo because of a real risk of dissipation and uncertain recoverability in damages; the plaintiff's delay and imperfect conduct did not render it unjust to grant interim relief; accordingly interlocutory injunctive relief was granted against Interstellar, LC and Sands with limited provisos and costs ordered to the plaintiff.
9 Sept 2022

DENG ZHONG LIANG v. CHOW HEUNG YUET

Citation

[2022] HKCFI 2763
Court

Court of First Instance
Case number

HCA775/2017

On the balance of contemporaneous documentary evidence, handwriting expert opinion and credible oral testimony, the court found the plaintiff provided the purchase funds and an agreement was reached (or alternatively a resulting trust arose) so the defendant holds the 311,000 CLP shares or their proceeds on trust for the plaintiff; accordingly declaratory, proprietary and ancillary relief were ordered.
15 Jun 2022

CHAMPION FOREVER GROUP LTD v. ADDCHANCE DYEING FACTORY LTD

Citation

[2022] HKCFI 1799
Court

Court of First Instance
Case number

HCMP2556/2017

The strike out application was dismissed. The Court held that on the pleaded facts the plaintiffs sufficiently identified proprietary rights (including the right to discharge the 2nd Mortgage and the right to the unencumbered Tower) which could have been wrongfully transferred in breach of Poon's fiduciary duties and thereafter received by Champion; it was not plain and obvious that the knowing receipt cause of action was unsustainable, and the issues should be resolved at trial.
9 Mar 2022

CHAN SUK YEE BONNIE v. THE ESTATE OF CHAN SAU YIU AND OTHERS

Citation

[2022] HKCFI 633
Court

Court of First Instance
Case number

HCA1495/2017

Court found on balance of probabilities that the HK$5,000,000 originated from the Plaintiff and was used to fund the 3rd Defendant and purchase the Property; contemporaneous memorandum, cheque, bank evidence, credible independent witness testimony and audio recordings established a common agreement and detrimental reliance such that a common intention constructive trust arose in favour of the Plaintiff over the 10,000 issued shares and the Property; waiver/laches defence was unpleaded or unproven and failed.