Clik here to view.
Common intention constructive trust: valuation in sole name cases where there...
In Graham-York v York ([2015] EWCA Civ 72, CA (Eng)) the English Court of Appeal looked at the approach to be taken to the valuation of an interest under a common intention constructive trust where...
View ArticleClik here to view.
Landlord’s repairing covenant: the scope of the rule in O’Brien v Robinson
Edwards v Kumarasamy ([2015] EWCA Civ 20, CA (Eng)) is a decision of the English Court of Appeal. Although the context is the English Landlord and Tenant Act 1985, it raises a general question as to...
View ArticleClik here to view.
Interpretation of a clause barring requisitions about unauthorised...
In Channel Green Ltd v Huge Grand Ltd ([2015] 1 HKLRD 655, CA) C agreed to buy commercial property from H. The agreement contained a clause (clause 30) to the effect that the purchaser ‘shall not raise...
View ArticleClik here to view.
Legal joint tenancy: determining beneficial ownership under a common...
In Lo Kau Kun v Cheung Yuk Yun ([2015] HKEC 316, CFI) a married couple bought a flat as joint tenants. P claimed that the property was held on common intention constructive trust in equal shares. D...
View ArticleClik here to view.
The Limitation Ordinance and tenancies ‘without a lease in writing’
In Mitchell v Watkinson ([2014] EWCA Civ 1472, CA (Eng)) the English Court of Appeal had to look at the application of the English equivalent of section 12(2) of the Limitation Ordinance. Section 12(2)...
View ArticleClik here to view.
Compensation paid on the resumption of land is not ‘land’ for the purposes of...
In Lok Tin Choi v Lai Kwai Lin ([2015] HKEC 389, CA) a mother held land in the New Territories on trust for her son. The land included two lots that had been resumed by the Government. The mother...
View ArticleClik here to view.
Interpretation of a letter modifying conditions of sale
In United Bright Limited v Secretary for Justice ([2015] HKEC 438, CA) the Court of Appeal (Lam V-P delivering the judgment of the Court) had to deal with a dispute concerning the construction of a...
View ArticleClik here to view.
Missing title deeds: showing good title in accordance with section 13 of the...
In Zhang Xueshai v Lai Chin Wing ([2015] HKEC 295, CA) LCW had been appointed as the Committee of the estate of his mentally incapacitated brother (LMW) and was authorised to sell LMW’s flat. The flat...
View ArticleClik here to view.
Inchoate encroachment claims: did the Handover start time running again?
In Li Kwok Ching v Secretary for Justice [2015] HKEC 552, CFI) the plaintiff was the Government lessee of land near Sheung Shui. He sought a declaration that the Government was barred from recovering...
View ArticleClik here to view.
Presumption of advancement and participation in an unlawful scheme
In Yip Wai Hong v Yip Kai Tong ([2015] HKEC 501, CFI) a father transferred a village house to each of his two sons. The consideration referred to in the assignments was never paid. The father now...
View ArticleClik here to view.
Common intention constructive trust arising on a family division
In Yip Chiu Fu v Ip Chiu Fat ([2015] HKEC 201, CFI) a family comprising three fongs owned a house in Shek O (‘the first house’). The family funds, beneficially owned by the entire family, were then...
View ArticleClik here to view.
The common intention constructive trust and the ‘specious’ excuse
In Curran v Collins ([2015] EWCA Civ 404, CA (Eng)) Mr. Collins and Ms Curran were in a relationship from the late 1970s until 2010. During that time, Mr. Collins had owned three properties (one after...
View ArticleClik here to view.
Adverse possession: Paving land as evidence of possession
In Tsoi Ping Hung v Cheung Chow Lan ([2015] HKEC 701, CA) the defendants owned land on which they had built a house. The plaintiffs owned land adjoining that of the defendants. It was covered in...
View ArticleClik here to view.
Sale and option to re-purchase: does the option terminate the original...
In Siu Kai Ming v Lau Sai Hing ([2015] HKEC 211, CFA) D owned a village house. D entered into two contracts with P (a developer). Under the terms of the first contract, P agreed to build a three-storey...
View ArticleClik here to view.
Proving the existence of a common intention constructive trust in sole name...
In Mo Ying v Brillex Development Ltd ([2015] HKEC 583, CA) H married W in Hangzhou. Shortly afterwards, H returned to Hong Kong and bought a flat in his sole name, using a combination of his own money...
View ArticleClik here to view.
Common intention constructive trust: the family context confirms equality in...
In Chen Tek Yee v Chan Moon Shing ([2015] HKEC 735, CFI) Ms Chen and Chan Senior (a co-habiting couple) lived with Ms Chen’s daughters. The couple were in a stable, unmarried co-habitation relationship...
View ArticleClik here to view.
Post-acquisition constructive trust: evidential burden where there is...
In Kwan So Ling v Woo Kee Yiu Harry ([2015] HKEC 694, CFI) the plaintiff (a widow) claimed that her parents-in-law had promised to give her and her husband two flats that they owned in Hong Kong. The...
View ArticleClik here to view.
The common intention constructive trust is not limited to the ‘domestic...
In Chan Sang v Chan Kwok ([2015] HKEC 822, CFI) title to shop premises was in the joint names of the plaintiff and the defendant (who were brothers). The legal title was held by them as tenants in...
View ArticleClik here to view.
A person in possession of property has the right to eject a later possessor
In Chan Hau Ling v 劉西 ([2015] HKEC 1095, CFI) P had been in possession of a flat since 1999. Initially this was as a tenant but she remained in possession long after losing contact with the landlord...
View ArticleClik here to view.
Agreement to transfer beneficial interest: proprietary estoppel as a way of...
In Sum Fan Hung v Chum Mei Diu ([2015] HKEC 1100, CFI) the plaintiff and the defendant were sisters. The plaintiff bought a flat in 1997. Title was in the defendant’s name but there was no dispute that...
View Article