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Gift or trust: proving the relevant intention
Leung Wing Yi Asther v Kwok Yu Wah ((2015) 18 HKCFAR 605) arose out of ancillary relief proceedings on the divorce of H and W. W was the daughter of F, a highly successful businessman. In 2005 F...
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No waiver where landlord accepts rent after commencing possession proceedings
In Evans v Enever ([1920] 2 KB 315) T’s lease contained a forfeiture clause which gave the landlords the right to re-enter if the rent was in arrears or if the tenant became bankrupt. The tenant fell...
View ArticleFamily home in joint names and wife’s failure to transfer her interest to her...
In Chu Tsan Leung v Leung Mee Ling Amy ([2017] HKEC 2347) H and W were married. Title to the family home was in joint names. W left the family and in the subsequent matrimonial proceedings agreed to...
View ArticleEach owner potentially liable for owners’ corporation’s entire indebtedness
In Wong Tak Man Stephen v Chang Ching Wai ([2017] HKEC 2266) Ps were the liquidators of the Incorporated Owners (‘the IO’) of a building (‘the Building’). The IO was wound up following a petition by a...
View ArticleOwner’s liability for management charges – need for adequate legal basis and...
In San Po Kong Mansion (IO) v On Rich (HK) Investment Ltd ([2017] HKEC 2321) the plaintiffs were the incorporated owners of San Po Kong Mansion comprising four 20-storey blocks for mixed commercial and...
View ArticleRecovering property transferred pursuant to an agreement tainted with...
In Chung Tin Pui v Li Pak Sau ([2017] HKEC 2103) P was the manager of a tso that owned two lots of land in the New Territories. The Tso entered into two contracts with D1. D1 was to build several...
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CUHK Property Law Seminar – Professor Steven Gallagher – January 2018
Professor Steven Gallagher will give a seminar Civil Evidence and Presumptions: When is a gift a trust? in January 2018 (first in the Graduate Law Centre at Bank of America and later on the Shatin...
View ArticleCompensation for land resumption: valuation where a restriction on use has...
In Cheermark Investment Ltd v Director of Lands ([2017] HKEC 2536 (CA)) the Court of Appeal had to consider appeals from the Director of Lands concerning the basis on which compensation was payable in...
View ArticleProprietary estoppel and co-habitees: assurance must relate to a specific...
Lissimore v Downing ([2003] EWHC B1 (Ch)) concerned the proprietary estoppel claim brought by L on the break-down of her relationship with D, a rock star and the owner of Astbury hall, a large estate...
View ArticleProprietary estoppel in relationship cases: assurance or not?
Cook v Thomas ([2010] EWCA Civ 227) concerned a proprietary estoppel claim by Mr and Mrs Thomas against Mrs. Cook (Mrs Thomas’ mother). Mrs. Cook owned a farmhouse with a small amount of farmland and...
View ArticleProprietary estoppel: Australian take on proving detrimental reliance in...
In Sidhu v Van Dyke ([2014] HCA 19) V was married to the brother of S’s wife. V lived with her husband in Oaks Cottage which was part of a larger lot of land (Burra Station) owned by S and his wife. V...
View ArticleWhitlock v Moree: clauses declaring that a joint bank account is held under a...
Introduction When two or more people open a joint bank account, the account opening document may contain a provision to the effect that the account holders are joint tenants and that the right of...
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Seminar: Promissory estoppel as a cause of action? Luo Xing Juan v Estate of...
The Faculty of Law at CUHK will host this seminar on 19th March:
View ArticleDoes acceptance of an obligation to fence off access to an easement amount to...
In Annetts v Adeleye ([2018] EWCA Civ 555) the English Court of Appeal had to consider whether a dominant owner’s acceptance of an obligation to fence off access from the dominant tenement to the...
View ArticleReceipt clauses and contractual estoppel
Introduction In Asgain Co Ltd v Cheng Ka Yam ([2018] HKEC 889, CA) Asgain assigned land to CKM and CKY as tenants in common in equal shares. CKM was Asgain’s sole shareholder. The consideration for the...
View Article‘No oral modification’ clauses: Rock Advertising v MWB Business Exchanges Ltd...
In Rock Advertising Ltd v MWB Business Exchange Centres Ltd ([2018] UKSC 24) the UK Supreme Court had to consider the effects of a ‘no oral modification’ (‘NOM’) clause in a contract. This blog post...
View ArticleNo oral modification clauses: Rock Advertising v MWB Business Exchanges Ltd...
In Rock Advertising Ltd v MWB Business Exchanges Ltd ([2018] UKSC 24) the UK Supreme Court had to consider the effectiveness of a No Oral Modification (‘NOM’) clause (see here for Part 1 of the blog...
View ArticleWaiver, mandatory injunctions and building schemes
Introduction A building scheme (such as the scheme embodied in a Deed of Mutual Covenant) creates a local law for the estate it governs. The scheme may require owners of property within the scheme to...
View ArticleNo presumption of advancement between siblings
In Lee Yee Yan Eva v Lee Tak Gate Richard ([2018] HKCFI 1137) a flat was bought in the joint names of a sister and brother (E and R). E provided the entire purchase price. R refused to comply with E’s...
View ArticleDoes the voice of the trustee in bankruptcy of one co-owner carry greater...
In Lo Yau Shing (a bankrupt) ([2018] HKCFI 1574) the court was asked by the trustee in bankruptcy of one co-owner of a flat to grant an order for sale. This was resisted by the other co-owner. B (the...
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