Hong Kong Case Law: Decisions & Judgments

Topic

Section 15 new territories ordinance

Legal area

Court

26 Sept 2022

YUEN YICK HANG ALISTON v. DISTRICT OFFICER (NORTH)

Citation

[2022] HKCFI 2857
Court

Court of First Instance
Case number

HCMP1171/2021

Court found the reasonable suspicion threshold met that Objectors may have used unlawful means (inauthentic/forged genealogies) which interfered with the Defendant's processing of the 2019 section 15 NTO application and caused loss; Defendant is more than a mere witness because it holds and has acted on the relevant information; disclosure of Objectors' identities, addresses and written objections (but not telephone/fax numbers) is necessary and proportionate to enable Order 85 proceedings, determination of locus standi, joining of parties and resolution of the dispute, therefore Norwich Phar…
11 Aug 2017

TANG KUN NIN TONY AND OTHERS v. THE PERSONAL REPRESENTATIVE OF CHENG WAI FONG, DECEASED AND OTHERS

Citation

TANG KUN NIN TONY AND OTHERS v. THE PERSONAL REPRESENTATIVE OF CHENG WAI FONG, DECEASED AND OTHERS
Court

Court of First Instance
Case number

HCMP1253/2017

Leave to appeal was refused because the plaintiff failed to adduce credible evidence to establish either a common intention constructive trust or a resulting trust in respect of the Lots, contemporaneous documentary memorials contradicted the trust allegations, and therefore the intended appeal had no reasonable prospect of success under s63A(2) DCO; consequentially costs were awarded including indemnity costs and a reduction of claimed fees.
24 Nov 2015

FOO TAK CHING the Manager of "WAH YAN MO FAN HEUNG" v. TANG MAN KIT otherwise known as TANG MAN KIT, TERRY

Citation

FOO TAK CHING the Manager of "WAH YAN MO FAN HEUNG" v. TANG MAN KIT otherwise known as TANG MAN KIT, TERRY
Court

Court of First Instance
Case number

HCMP3361/2014

The court refused a certificate for two counsel because the matter was not sufficiently complex and the applicant's junior counsel was competent to conduct the case alone; the court declined indemnity costs for lack of clear evidence of improper motive but varied the costs order nisi so that costs are party-and-party until 30 April 2015 and on a common fund basis thereafter, and ordered the respondent's costs of the variation application to be paid by the plaintiff on a common fund basis.
11 Dec 2003

MAN FONG HANG v. MAN PING NAM AND OTHERS

Citation

MAN FONG HANG v. MAN PING NAM AND OTHERS
Court

Court of First Instance
Case number

HCA7935/1998

The managers breached their fiduciary duties by failing to obtain majority approval in accordance with the Wui constitution/practice, failing to market the land or seek professional valuation or advice and failing to account properly for the Donation which constituted part of the sale proceeds; Section 60 relief refused; Defendants liable to equitable compensation and to account for the Donation and interest; equitable compensation quantified for the Plaintiff at HKD 2,756,354.39 (1.5/32 share of the proved loss).
20 Dec 2002

MAN WHI CHUNG v. MAN PING NAM

Citation

MAN WHI CHUNG v. MAN PING NAM
Court

Court of First Instance
Case number

HCA1975/2002

The Applicant, as a member (or trustee nominee) of the Wui, has a direct equitable/beneficial interest in the disputed land (Sheung Tong) sufficient to satisfy either limb (i) or (ii) of O.15 r 6(2)(b); the court must allow joinder to protect that interest, to observe natural justice and to avoid multiplicity of proceedings, and in the exercise of its discretion the Applicant is ordered added as 2nd Defendant with consequential directions to amend pleadings and timelines.
10 Jun 1999

MAN MEI KWAI v. MAN PING NAM

Citation

MAN MEI KWAI v. MAN PING NAM
Court

Court of First Instance
Case number

HCA9852/1998

The Registrar erred in striking out paragraph 12 and the Counterclaim because (1) on the pleadings and available evidence it is not plain and obvious that lack of consent under s.15 defeats the Defendant's defence — the absence of District Officer consent makes the legal effect of the letting an arguable issue; and (2) because the Wui is an unincorporated association, the rule in Foss v. Harbottle does not automatically bar an individual member from pursuing a claim where proprietary rights may be affected or where the manager's actions may be ultra vires; accordingly both the defence paragra…
29 Jan 1999

LAU LEUNG CHAU v. LAU LEUNG SEUNG AND OTHERS

Citation

LAU LEUNG CHAU v. LAU LEUNG SEUNG AND OTHERS
Court

Court of Appeal
Case number

CACV33/1998

By a majority the Court held that the Codicil did not establish an Ancestral Worship Trust under the applicable Chinese law and custom on the facts and expert evidence; therefore the statutory mechanism in s.15 NTO for registered managers did not arise and the 1946 Deed of Family Arrangement stood; the trial judge's finding that no AWT existed was not wrong and the appeals were dismissed.
31 May 1994

LIGHT OCEAN INVESTMENTS LTD. AND ANOTHER v. ENWAY DEVELOPMENT LTD.

Citation

LIGHT OCEAN INVESTMENTS LTD. AND ANOTHER v. ENWAY DEVELOPMENT LTD.
Court

Court of Appeal
Case number

CACV188/1993

Clause 32 required the vendors to demonstrate by 29 March 1993 that they had a legal or equitable right to a good title and the ability to compel conveyance of the t'so lots; because the managers were not registered and Land Officer consent was not obtained by that date the vendors failed the contractual warranty and the purchaser validly terminated and is entitled to return of deposits.