Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside transfers

Legal area

Court

28 Dec 2017

ERWIANA SULISTYANINGSIH v. TSUI YUN BUN BARRY AND ANOTHER

Citation

ERWIANA SULISTYANINGSIH v. TSUI YUN BUN BARRY AND ANOTHER
Court

Court of First Instance
Case number

HCA2256/2015

The 2nd defendant was a joint beneficial owner and, being insolvent, made an unconditional nil‑consideration transfer which subjected creditors (including the plaintiff) to a significant risk of non‑recovery; accordingly an intent to defraud creditors was properly inferred under s.60 C&PO and the transfer is voidable and must be set aside; the 1st defendant shared the intention as a willing co‑operator.
6 Jun 2016

FUNG OI HA v. FUNG PUI ON AND ANOTHER

Citation

FUNG OI HA v. FUNG PUI ON AND ANOTHER
Court

Court of First Instance
Case number

HCA17/2012

The court rejected plaintiff's factual case of a loan from grandmother and significant contribution by plaintiff, finding her evidence unreliable; accordingly no constructive trust, resulting trust or proprietary estoppel arose. The 2011 Assignment was set aside for incapacity in October 2011 but the 2005 Assignment was valid because medical and contemporaneous evidence established father had requisite capacity on 13 August 2005; therefore the property vested in defendant by survivorship. Defendant entitled to possession and damages; plaintiff's remaining claims dismissed.
20 Aug 2014

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAO HONG AND OTHERS

Citation

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAO HONG AND OTHERS
Court

Court of First Instance
Case number

HCA992/2010

Claimant (DY) failed to prove existence of the asserted trusts or that he retained beneficial ownership of the chain of companies; reflective loss doctrine barred recovery in respect of assets held by companies; contemporaneous documents and notarized nominee acknowledgements supported DG/Macau First as the beneficial owner; therefore counterclaim dismissed and the May 2010 transfers set aside as held on constructive trust for the plaintiff.
29 May 2012

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS

Citation

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS
Court

Court of First Instance
Case number

HCA907/2009

The court found that the 1st Defendant received and held the Catchick Proceeds on trust for the Plaintiff and misapplied part of those funds to purchase Kent Mansion without authorisation; because trust funds were used in the acquisition the Plaintiff obtained a proprietary interest in Kent Mansion and the 3rd Defendant, having taken title for no value and being aware of the circumstances, holds the property on trust and must account; accordingly declarations were made and an account and inquiries ordered together with consequential procedural orders and indemnity costs.
28 Jan 1994

CHAN MIU CHEUNG v. PRAGUE ENTERPRISES LTD. AND OTHERS

Citation

CHAN MIU CHEUNG v. PRAGUE ENTERPRISES LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV172/1992

The Court of Appeal allowed the appeal of the 3rd Defendant and set aside all orders against her because there were no pleaded allegations of wrongdoing against her and the record contained no basis for equitable relief against her; the Court held that a claim for interest may be properly stated in the prayer where the pleaded facts in the Statement of Claim, if proved, would give rise to liability for interest under s.48(1) of the Supreme Court Ordinance; the trial judge's valuation of damages (approximately $4 per share; total $176,225) and exercise of discretion on interest (10% from date…

Hong Kong Case Law

ERWIANA SULISTYANINGSIH v. TSUI YUN BUN BARRY AND ANOTHER

FUNG OI HA v. FUNG PUI ON AND ANOTHER

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAO HONG AND OTHERS

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS

CHAN MIU CHEUNG v. PRAGUE ENTERPRISES LTD. AND OTHERS