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One millionth view
The number of views of this blog went through the one million mark early this morning. Here is the link to a screenshot Michael Lower
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Mortgage or not: look at the substance of the transaction
In Warnborough Ltd v Garmite Ltd ([2003] Civ 1544, CA (Eng)) W sold property to G but the entire purchase price was left oustanding. G granted W a legal charge to secure the outstanding balance of the...
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Proprietary estoppel: co-habitees
In Liden v Burton ([2016] EWCA Civ 275) B and L co-habited in B’s home for twelve years until they broke up in 2013. B’s home was mortgaged and he was concerned that he would not be able to keep up...
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Good title: not affected by ‘fanciful’ risks of a successful legal challenge
In Jovian Corporate Communications Ltd v Link Wide International Investment Ltd ([2016] HKEC 808, CA) the dispute arose out of a contract for the sale of an office unit. The building had been jointly...
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Unlawful holding over: meaning of possession and calculating mesne profits
In Fordtime Industrial Ltd v Yip Shing Lam ([2016] HKEC 812, LT) the tenant of a cockloft unlawfully held over at the end of the tenancy. After a dispute lasting several years, it wrote to its former...
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Registration of a personal loan agreement unjustified
In Flat 4 on 3/F of Block A, Tin Yau Court, No 1 Tin Shing Road, Tin Shui Wai, Yuen Long, New Territories ([2016] HKEC 751, CFI) title to the property had been in the joint names of a husband and wife....
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Burns v Burns: unmarried cohabitees, title to family home in sole name
In Burns v Burns ([1984] Ch. 317, CA (Eng)) the couple were unmarried (though the woman had changed her family name to be the same as her partner’s). They lived together for two years and had a child...
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Proving the existence of a common intention constructive trust
In Ip Man Shan v Ching Hing Construction Co Ltd ([2005] HKEC 188, CA) ICP paid for land but he channeled the payment through his company (Ching Hing). Ching Hing then paid the construction costs for...
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Proprietary estoppel: expectations and proportionality
In Davies v Davies ([2016] EWCA Civ 643, CA (Eng)) a couple owned a farm. E, the second of three daughters, lived with the parents for much of the time up to the time of her final falling out with...
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Non-registration of trust. Dispositions to defraud creditors
In Goldfame Consultants Ltd v Tse Sai Ming ([2016] HKEC 1113, CFI) TCS agreed to sell land to Goldfame. The contract provided for the payment of deposits and then for the payment of the balance of the...
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Specific performance: ready willing and able; hardship; calculating damages
In Siu Wei v Ng Ying Ying ([2016] HKEC 1162, CFI) S and P entered into a provisional sale and purchase agreement for the sale and purchase of property. S later decided that she wanted to keep the...
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White v White: the equality ‘yardstick’
In White v White ([2001] 1 AC 596, HL) a couple divorced after thirty years of marriage. The appeal concerned the ancillary financial relief proceedings. This was a case where the couple’s joint assets...
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Establishing a common intention constructive trust
In Fung Oi Ha v Fung Pui On ([2016] HKEC 1272, CFI) the title to a family home was in the father’s name. In 2005, the father assigned the home into the names of himself and his son as joint tenants. In...
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LKW v DD -‘equal sharing’ principle
In LKW v DD ((2010) 13 HKCFAR 537) the Court of Final Appeal had to deal with the issue of the division of assets between a divorcing couple where the available assets exceeded the parties’ needs....
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Australia: presumption of beneficial joint tenancy where both spouses...
In Trustees of Property of Cummins v Cummins ([2006] HCA 6) title to a married couple’s family home was held by them as legal joint tenants. The wife had contributed two thirds of the purchase price....
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Whether a right to set aside a transaction bound third party mortgagee (England)
In Mortgage Express v Lambert ([2016] EWCA Civ 555, CA (Eng)) L agreed to sell her property to S and C. She had a right to set this transaction set aside on the grounds that it was an unconscionable...
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Implied grant of easements
In Collins v Collins (No 2) ([2015] EWHC 2652; [2016] 2 P & C.R. 6) a mother and father executed a deed of trust of agricultural land. The beneficiaries were themselves and their three sons. At the...
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Property acquired in contemplation of marriage
In Tsun Kok Chung Richard v Lee Chun Yu ([2016] HKEC 1482, CFI) P and D intended to get married. P bought a flat to be the matrimonial home and it was conveyed into the names of P and D as joint...
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Proprietary estoppel: genuine belief but no assurance
McGuiness v Preece ([2016] EWHC 1518 (Ch)) concerned a son’s claim to land owned by his parents. The parents had established a family business in which their four children worked. The parents...
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Oral variation of contract despite clause requiring variations to be in writing
In MWB Business Exchange Centres Ltd v Rock Advertising Ltd ([2016] EWCA Civ 553 , CA(Eng)) Rock was the licensee of business premises managed by MWB. Rock fell into arrears with the payments due under...
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