Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Small house (ding) rights
  • 16 May 2014

    WAH HING STRATEGY COMPANY LTD v. TANG WAI HUNG

    Citation
    WAH HING STRATEGY COMPANY LTD v. TANG WAI HUNG
    Court
    Court of First Instance
    Case number
    HCA16690/1999

    Although the Agreement/Deed amounted to an illegal development scheme and was unenforceable, the plaintiff proved on the balance of probabilities that it paid the purchase price, construction and related costs and Ding fees while the defendants paid none; therefore a resulting trust arose in favour of the plaintiff and the defendants hold the beneficial interest on trust for the plaintiff; the defendants' unilateral revocations of powers of attorney were ineffective and registration of the Deed should be vacated; plaintiff entitled to declarations and injunctions sought.