Hong Kong Case Law: Decisions & Judgments

Topic

Remedies in equity

Legal area

Court

14 Feb 2018

何玉娟對凌雲霞及另一人

Citation

[2018] HKDC 157
Court

District Court
Case number

DCCJ116/2014

Court preferred first defendant's detailed, coherent evidence over plaintiff's inconsistent evidence; found clear assurances by plaintiff that the property would be transferred, that first defendant relied to her detriment by caring for the mother and incurring expenditures, and that it would be unconscionable to allow plaintiff to resile; accordingly proprietary estoppel established and equitable relief limited to occupation until 30 April 2018 plus reimbursement of proven expenditures (HK$5,664 and RMB338,666).
5 Jul 2016

TANG YING IP AND OTHERS v. TANG YING LOI

Citation

TANG YING IP AND OTHERS v. TANG YING LOI
Court

Court of Final Appeal
Case number

FAMV17/2016

Leave to appeal was granted because the questions about the proper legal test for proving causal connection between a personal representative's breach of fiduciary duty and profits recoverable by account of profits, and the relevance of the specified factual matters, raise points of great general or public importance requiring authoritative determination by the full appeal.
6 Nov 2013

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD

Citation

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD
Court

Court of Final Appeal
Case number

FACV16/2012

The Court held that the defendant was a fiduciary who wilfully breached duties by misappropriating trust funds and failing to acquire the third tranche of shares; equitable compensation on a wilful default/restorative basis was available and, given the evidence and the defendant's obstructive conduct, an immediate monetary award was appropriate. The court assessed loss by treating the defendant as if he had acquired the shares and calculating the trust's lost proceeds, awarding restorative compensation and ordering payment within 21 days with interest and costs.
31 May 2007

GLOCK (HK) LTD v. BRAUNER WILHELM

Citation

GLOCK (HK) LTD v. BRAUNER WILHELM
Court

Court of First Instance
Case number

HCA2865/2004

The claim in substance sought sums for breaches of the employment contract and the Labour Tribunal had not declined jurisdiction under s10; the pleaded fiduciary breach was contractual/equitable rather than a tort excluded by Schedule para 3; therefore the High Court lacked jurisdiction and the Masters striking out order was correctly upheld.
5 Sept 2002

CHAN KAN FUK v. CHAN LAI KUEN

Citation

CHAN KAN FUK v. CHAN LAI KUEN
Court

District Court
Case number

DCCJ14044/2000

Defendant paid HK$200,000 in reliance on the Plaintiff's irrevocable promise to permit her life occupation of the first floor; equity prevents the Plaintiff from enforcing strict legal title to evict and a declaration that the Plaintiff holds the Defendant's right to occupy for life as a trust is the appropriate remedy.
31 May 2001

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

Citation

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER
Court

Court of Appeal
Case number

CACV217/2000

The Court upheld the trial judge's finding that the sale was an unconscionable bargain obtained by reprehensible conduct and that rescission (with reimbursement and interest and consequential orders) was the appropriate equitable remedy; the appeal was dismissed and the subsequent sale did not render the relief inappropriate, the developer may seek relief under Cap.545 if necessary.

Hong Kong Case Law

何玉娟 對 凌雲霞及另一人

TANG YING IP AND OTHERS v. TANG YING LOI

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD

GLOCK (HK) LTD v. BRAUNER WILHELM

CHAN KAN FUK v. CHAN LAI KUEN

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

何玉娟對凌雲霞及另一人