Hong Kong Case Law: Decisions & Judgments

Topic

Registration of instrument

Legal area

Court

30 Jul 2025

WONG CHUN WAH (in his capacity as the administrator pendente lite of the estate of SUAN KUA CHUA also known as CHUA SUAN also known as CHUA KUA SUAN also known as SUAN K. CHUA, Deceased) v. CHINA YINGDE YOUTH EDUCATION INSTITUTE LTD

Citation

[2025] HKCFI 3793
Court

Court of First Instance
Case number

HCA15/2025

On the pleaded facts (assumed admitted for default judgment) the Purported Deed of Gift was forged/null and void, therefore it did not affect land and was not registrable under s.2(1) LRO; the court, exercising its discretion under O.19 r.7 and its inherent jurisdiction, granted a declaration that the deed is null and void and ordered vacatur of the registration; assessment of damages was transferred to the District Court.
13 Jan 2025

CHAN v. INSTANT FINANCE LTD

Citation

[2025] HKCFI 301
Court

Court of First Instance
Case number

HCSD27/2024

The statutory demand was set aside because the applicant discharged the burden by adducing sufficiently precise and believable evidence demonstrating substantial disputes on the debt: credible allegations of non-receipt of loan funds and deductions, credible evidence of improper/ misleading registration of the loan instrument against the Property indicating potential collusion or sharp practice, and an arguable case that the underlying WW loan was illegal and that the IFL loan was extortionate or tainted under the Money Lenders Ordinance, such that the creditor could not properly pursue bankr…
21 Jan 2016

GREEN GIANT INVESTMENTS LTD v. CHINA 3D DIGITAL ENTERTAINMENT LTD

Citation

GREEN GIANT INVESTMENTS LTD v. CHINA 3D DIGITAL ENTERTAINMENT LTD
Court

Court of First Instance
Case number

HCA327/2015

Plaintiff established a prima facie case on the promissory note and the defendant failed to demonstrate any triable issue; the defendant had, by its conduct (including admission or evidence of possession of the original note and refusal to register), prevented the transfer and is precluded by the prevention principle from relying on the contractual requirement to tender the original note; accordingly final judgment was entered for the plaintiff and the defendant's stay was granted only on the condition of payment into court within 14 days.
19 Sept 2007

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO

Citation

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO
Court

District Court
Case number

DCCJ820/2006

The court accepted the plaintiffs' and independent estate agent's evidence over the defendant's, finding the handwritten name was the defendant's signature acting for his mother and that the cheque was delivered; therefore a binding provisional agreement existed, the defendant repudiated it by refusing to complete and attempting a subsequent sale, and plaintiffs were entitled to damages equal to the difference in sale prices plus proved registration costs.
26 Jun 2000

HEUNG KAM FAI AND OTHERS v. HUGEWIN DEVELOPMENT LTD. AND OTHERS

Citation

HEUNG KAM FAI AND OTHERS v. HUGEWIN DEVELOPMENT LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA3814/1989

The plaintiffs failed to prove fraudulent misrepresentation or non est factum because the principal witness evidence was unreliable and not cogent; Comcewood also failed to prove proper execution of the English Agreements or payment of deposits on the balance of probabilities; therefore all claims and counterclaims relating to the English Agreements and alleged conspiracy were dismissed.

Hong Kong Case Law

WONG CHUN WAH (in his capacity as the administrator pendente lite of the estate of SUAN KUA CHUA also known as CHUA SUAN also known as CHUA KUA SUAN also known as SUAN K. CHUA, Deceased) v. CHINA YINGDE YOUTH EDUCATION INSTITUTE LTD

CHAN v. INSTANT FINANCE LTD

GREEN GIANT INVESTMENTS LTD v. CHINA 3D DIGITAL ENTERTAINMENT LTD

CHUNG YUK MAN DAVID AND ANOTHER v. NG CHIN HO

HEUNG KAM FAI AND OTHERS v. HUGEWIN DEVELOPMENT LTD. AND OTHERS