Clik here to view.
Adverse possession: where part of the limitation period is taken up by...
In Tang Wai Tung v Tang Wai Lun ([2016] 3 HKLRD 96, CA) TWL claimed to have acquired title to Tso lands through adverse possession, having continued a period of adverse possession begin by his father,...
View ArticleClik here to view.
Man promises mistress a home for life if she leaves her home country to live...
In Ungurian v Lesnoff ([1990] Ch. 206) L was Polish and had a flat in Poland which she had the right to occupy for the rest of her life. She also had a promising academic career there. She entered into...
View ArticleClik here to view.
Misrepresentation: a flat with a view in the Court of Appeal
Yang Dandan v Hong Kong Resort Co Ltd ([2016] HKEC 1722, CA) concerned the alleged misrepresentation made by Hong Kong Resort Co Ltd (‘the developer’) in the sales brochure for the flat bought from it...
View ArticleClik here to view.
Contracts and illegality: Patel v Mirza
In Patel v Mirza ([2016] UKSC 42) the UK Supreme Court considered the law concerning the recovery of money paid under a contract to carry out an illegal activity where the illegal act is not performed....
View ArticleClik here to view.
Can the creation of a common intention constructive trust be inferred from...
In Morris v Morris ([2008] EWCA Civ 257) Mrs Morris argued that she was beneficially entitled to a share in the assets of the farming partnership business carried on by her husband and his mother. Mrs...
View ArticleClik here to view.
Building management: Management fee for handling renovation works needs...
In Flora Garden (IO) v Li Do Wai ([2016] HKEC 1830, LT) the owners’ meeting approved the carrying out of renovation and improvement works at the estate. The incorporated owners added a 10% fee on top...
View ArticleClik here to view.
Landlord’s repairing covenant: tenant must give the landlord notice of a...
In Edwards v Kumarasamy ([2016] UKSC 40) the UK Supreme Court had to consider the landlord’s liability in respect of physical injury caused to his tenant. The lease was of the interior of a flat in a...
View ArticleClik here to view.
Do owners of sub-divided units count as owners for general meeting purposes?
In Chow Chui Chui v Kafull Investment Ltd ([2016] HKEC 1889, CA) the DMC for a building divided the building by allocating 48 shares to a ground floor shop, 12 shares to each of the first to third...
View ArticleClik here to view.
Right of way: interference by co-owner and derogation from grant by erecting...
In Chin Ling Investment Ltd v General of Salvation Army ([2016] HKEC 1876) Chin Ling Investment (‘CL’) and the Salvation Army (‘SA’) owned neighbouring lots, created by a 1958 division of the land. The...
View ArticleClik here to view.
Express agreement leads to constructive trust not resulting trust
In Wong Yuk Tung v Wong Po Ling ([2016] HKEC 2143) a husband and wife were legal joint tenants of the family home. The husband’s business ran into difficulties. He and his wife transferred title to the...
View ArticleClik here to view.
Vague arrangements as to the completion date
In Tsang Wing Man v Chung On Ling ([2016] HKEC 2164, CA) D agreed to sell his property to P. Completion was to be within 3 days of P’s sale of her own property. It was held that this arrangement was...
View ArticleClik here to view.
Abbey National v Cann: mind the gap?
In Abbey National Building Society v Cann ([1991] 1 AC 56) the House of Lords considered the relative priorities of a charge used to acquire a home and an unwritten equitable interest in it which came...
View ArticleClik here to view.
Actual intention? Common intention constructive trust not presumed resulting...
In Re Superyield Holdings Ltd ([2000] 2 HKC 90) a father and son each had one of the two issued shares in SH Ltd. SH Ltd, in turn, held one of the two issued shares in SC Ltd (along with another...
View ArticleClik here to view.
Post-acquisition variation of existing common intention?
In Chen Lily v Yip Tsun Wah Alvan ([2016] HKEC 2326, CA) a couple acquired a flat in which they intended to cohabit prior to marriage. The property was acquired in their joint names. The couple broke...
View ArticleClik here to view.
Equity follows the law: the burden of proof
In Lam Fung Ching Annie v Tse Kwok Wing Jacky ([2016] HKEC 2387, CA) the Court of Appeal rejected an application to appeal to it. L, T and T’s father held property as joint tenants. L severed the joint...
View ArticleClik here to view.
Joint bank account: can one holder take all of the money for her own benefit?
In Lun Kwai Har v Hung Ying Yi ([2016] HKEC 724) the plaintiff (mother-in-law) and defendant (daughter-in-law) were the joint holders of a bank account. The daughter-in-law withdrew most of the money...
View ArticleClik here to view.
Misrepresentation as to the identity of the purchaser
In Greatland Property Consultants Ltd v Charis Patria Ltd ([2016] HKEC 2518) C signed sale and purchase agreements to sell two floors of a building to P (a company that owned two other floors of the...
View ArticleClik here to view.
Removal of the duty manager of a tso or t’ong
In Tang Fu Sun v Tang Lik Yuen ([2016] 4 HKLRD 608) the managers of two Chinese customary trusts sought declarations that the duty manager of the trusts (the same person being duty manager of both...
View ArticleClik here to view.
Article – Marriage and acquisition of a beneficial interest in the family...
Just published: M. Lower, ‘Marriage and the acquisition of a beneficial interest in the family home in Hong Kong.’ [2016] Conveyancer and Property Lawyer 453 – 465
View ArticleClik here to view.
Common intention constructive trust: when is the agreement ‘subject to...
In Ely v Robson [2016] EWCA Civ 774 (CA, Eng) E and R co-habited in a property the title to which was in E’s name. When the relationship between E and R broke down, E began possession proceedings and R...
View Article