Registrability of agreements for the sale of shares in a property-owning company
Registrability of agreement for the purchase of shares of a company whose only main asset is land Hundred Gain International Holding Limited v Cheng Mei Holdings Limited ([2023] HKCFI 2705) concerned...
View ArticleDetermining whether external walls are common parts
Donora Company Limited v Tsuen Kam Centre (IO) ([2024] HKCFA 3 ) considered whether the external walls of a building were common parts of the building or were intended for the exclusive use of the...
View Article‘Newcomer’ injunctions and the UK Supreme Court
Introduction The recent UK Supreme Court (ÚKSC’) judgment in Wolverhampton City Council v London Gypsies explores the courts’ ability to grant ‘newcomer’ injunctions and the conditions to be satisfied...
View ArticleNuisance and the ‘but for’ test
Introduction Japanese Knotweed (‘JKW’) is bad news for homeowners. Treatment is costly, takes a long time and while it can be managed, it seems that JKW cannot be wholly eradicated. Davies v Bridgend...
View ArticleAncillary relief claim not a proprietary interest in the family home
In WYM v LYM ([2024] HKCA 499) title to the family home was in the husband’s name. At first instance, it was decided that the wife had no beneficial interest under the doctrines of common intention...
View ArticleLife-changing consequences as detriment in proprietary estoppel: Winter v Winter
Introduction Is there detriment if a parent promises their child that they will inherit the family business if the child works in the business for the rest of the parent’s life and the child does so?...
View ArticlePresumed tenancy in common when partners acquire land for business purposes
Presumption of tenancy in common when business property is co-owned? Is there a presumption of an equitable tenancy in common when land is acquired by partners for the purposes of their partnership...
View ArticleJoint tenant does not die possessed of an interest in the co-owned property
Joint tenants and the right of survivorship The ownership interest of a joint tenant comes to an end on death. If one of two joint tenants dies, the survivor is, from then on, the sole owner (the...
View ArticleSun Hing Building (IO) v Join Profit (Hong Kong) Limited. Agreement to...
Introduction The dispute in Sun Hing Building (IO) v Join Profit (Hong Kong) Limited ([2024] HKCA 589) arose out of an agreement between the Incorporated Owners of Sun Hing Building (‘the IO’) and the...
View ArticleAn express declaration of trust can be varied by a subsequent common...
Express declaration of trust is conclusive In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on,...
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