Hong Kong Case Law: Decisions & Judgments

Topic

Void ab initio

Legal area

Court

1 Aug 2024

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. Jack Lynn, deceased v. YEUNG KEUNG CHI AND OTHERS

Citation

[2024] HKCA 742
Court

Court of Appeal
Case number

CACV21/2024

The Court held the Judge correctly found on the evidence that the 4th defendant received the HK$900,000 deposit (receipt chop, acknowledgements in the D5 SPA and D5 Assignment, failure to comply with discovery, solicitor evidence) and that because the 4th defendant's second legal charge was void ab initio it provided no valuable consideration; therefore the sums of HK$900,000 and HK$515,166.60 unjustly enriched the 4th defendant and must be restituted. The netting off principle and change of position defence failed because the tax and rates payment predated receipt and there was no causal/ine…
22 Dec 2023

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. JACK LYNN, deceased v. YEUNG KEUNG CHI AND OTHERS

Citation

[2023] HKCFI 3351
Court

Court of First Instance
Case number

HCA177/2021

D5 established the first three elements of unjust enrichment in respect of the sums received by D2–D4 and the alleged defences (bona fide mortgagee for value without notice; change of position; netting off; payments from parents not being at D5's expense) did not raise triable issues under Order 14; accordingly D2–D4 must hold the respective sums received on trust for D5, must refund them, and must contribute and indemnify D5 in respect of the Plaintiff's claim against her.
7 Feb 2013

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER

Citation

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER
Court

Court of Appeal
Case number

CACV277/2011

Given unchallenged factual findings that the engine in the accident vehicle differed from the engine registered in the VRD and specified in the proposal, the engine was a vital attribute such that the accident vehicle was not the vehicle intended to be insured; the policy was void ab initio on the common mistake as to existence/identity of the insured vehicle and therefore the insurer had no liability under the Ordinance; the Court of Appeal dismissed MIB's appeal and upheld the trial judge's declarations.
24 Nov 2011

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER

Citation

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP149/2010

Because the engine of the accident vehicle differed from that in the VRD and proposal such that the vehicle registered in the VRD did not exist at the time the proposal was made, there was a common mistake voiding the policy ab initio; therefore no policy covered the accident vehicle and the insurer was not liable under s10(1); the alternative s10(3) avoidance was unnecessary and refused.
16 Apr 2002

LEUNG SHUK HAN AND ANOTHER v. NG CHUN SHING AND ANOTHER

Citation

LEUNG SHUK HAN AND ANOTHER v. NG CHUN SHING AND ANOTHER
Court

Court of First Instance
Case number

HCMP464/2002

The Confirmation Deed, by its clear operative language effecting an assignment and being executed as a deed, operated as an independent assignment capable of passing title despite the earlier May 1994 assignment being void under s.17B; accordingly the plaintiffs' challenge failed and the summons was dismissed.

Hong Kong Case Law

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. Jack Lynn, deceased v. YEUNG KEUNG CHI AND OTHERS

BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. JACK LYNN, deceased v. YEUNG KEUNG CHI AND OTHERS

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER

CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER

LEUNG SHUK HAN AND ANOTHER v. NG CHUN SHING AND ANOTHER