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Deed of gift where the donor held the property on trust
In Leung Mee Kuen v Leung Siu Kuen Bessie ([2015] HKEC 1148) Property A was jointly owned by the plaintiff and her brother (‘LPH’). Property A was sold and some of the proceeds were used to acquire...
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England: Where one beneficial joint tenant is excluded from possession
In Begum v Issa (County Court (Leeds) 5 November 2014) the parties were a married couple with two children. The family home was in joint names and the transfer to them contained an express declaration...
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Interpretation of service charge clauses
Arnold v Britton ([2015] UKSC 36) concerned the construction of the service charge clauses in a number of long leases of chalets in a caravan park. The clauses in question required the lessees to pay,...
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One tenant in common can bring possession proceedings
In Chan Po King v Yau Wai Yin ([2015] HKEC 1283, CA) two out of four tenants in common had granted a two year lease of land expiring on 31 December 2013.The tenant refused to leave when the term ended....
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The common intention constructive trust is an express trust
In Yip Yuk Kwong v Yip Chun Yin ([2015] HKEC 1312) title to property was in the names of a mother and son but (along with the father) the common intention was that the parents were the beneficial...
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The Brocklesbury principle: postponing an owner’s rights to those of a later...
In Credit and Mercantile plc v Kaymuu Ltd ([2015] EWCA Civ 655) S, W and E were three businessmen who acted as a consortium to carry out property development ventures. There was no formal written...
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Co-habitation and equitable accounting
In Wilcox v Tait ([2006] EWCA Civ 1867) W and T were co-habitees who acquired a property as the family home and the transfer to them contained an express declaration that they were beneficial joint...
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The common intention constructive trust: post-acquisition statements in one’s...
In Chan Sung Lai v Chan Sung Lim Paul ([2015] HKEC 1366) a father and his son (the plaintiff) held two properties as investments. Flat A was held by them as joint tenants and flat B was held by them as...
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Where there are two arguable interpretations of a contractual provision it is...
Rainy Sky SA v Kookmin Bank ([2011] UKSC 50) arose out of contracts for the building and sale of ships. The purchasers were to pay the purchase price in five installments and the contract provided that...
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Implied terms: the tension between the plain meaning of the words and an...
In Aberdeen City Council v Stewart Milne Group ([2011] UKSC 56) the Council sold some development land to Stewart Milne Group Ltd (‘SMG’). The contract for the sale provided for a further payment...
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Adverse possession: the effect of being added as a party after expiry of the...
In Yu Fung Co Ltd v Olympic City Properties Ltd ([2015] HKEC 1523, CFI) L was party to a ‘Redevelopment Agreement’ with Full Country Development Limited (‘Full Country’). Under the terms of the...
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Making time of the essence for completion
In Many Gain Investment Ltd v Chan Fai Ho ([[2015] HKEC 1553, CFI) P, a property developer agreed to buy a property from D. P raised a requisition about D’s title and there was a dispute as to whether...
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Property owner in breach of a covenant not to ‘permit or suffer’ a nuisance...
In MTR Corp Ltd v Cheung Ching Kin ([2015] HKEC 1535, LT) MTR Corp (the applicant) was appointed Manager of an estate in Tseung Kwan O. The respondent was the owner of a flat on the estate occupied by...
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Manager’s DMC duty to bring legal proceedings where necessary: enough to act...
In Long Source Industrial Ltd v Guardian Property Management Ltd ([2015] HKEC 1964, LT) Guardian Property Management (‘GPM’) had been appointed manager of a development at Tai Po Kau. There is no...
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No equitable lien where no part of the purchase price has been paid
In Wong Kam Fung v Smart Profit Enterprises Ltd ([2014] 5 HKLRD 853, CA) S entered into a provisional sale and purchase agreement for the sale of property to P. P sent S a cheque for the deposit but...
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Promised sea view? Misrepresentation claim.
In Yang Dandan v Hong Kong Resort Co Ltd ([2015] HKEC 2050, CFI) Y bought a duplex on the top floors of a block of flats. The apartment has the benefit of a sea view. Y claimed that she was induced to...
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Can a developer retain exclusive use of the external walls of a building and...
In Green & Grace Ltd v Wang Lung Industrial Building ([2015] HKEC 1935, LT) the incorporated owners resolved to repair the external walls of the building. A later general meeting specified the...
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Legal joint tenancy: unequal contributions often not enough to establish...
In Chow Chung Kwan ([2015] HKEC 2112, CFI) H and W bought property as joint tenants and jointly charged it to a bank as security for the loan to fund the purchase. H’s bankruptcy severed the joint...
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Implied terms: the tension between the plain meaning of the words and an...
In Aberdeen City Council v Stewart Milne Group ([2011] UKSC 56) the Council sold some development land to Stewart Milne Group Ltd (‘SMG’). The contract for the sale provided for a further payment...
View ArticleClik here to view.
Adverse possession: the effect of being added as a party after expiry of the...
In Yu Fung Co Ltd v Olympic City Properties Ltd ([2015] HKEC 1523, CFI) L was party to a ‘Redevelopment Agreement’ with Full Country Development Limited (‘Full Country’). Under the terms of the...
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