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Proper representatives of an estate consisting of a share in the assets of a wui

In Man Leung v Man Yuet Kwai ([2013] 2 HKLRD 1122, CFI) a share in a wui had been left by H to ‘Fuk Ma’. The main question was whether, as a matter of fact, this referred to just one of H’s wives...

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Transfer by mother to daughter for no consideration: resulting trust

In Suen Shu Tai v Tam Fung Tai ([2013] HKEC 1287, CFI) a mother transferred title to two properties to her daughter (probably to avoid any possible claim against the properties on the part of the...

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Creation of a Chinese customary trust. Adverse possession as between co-owners

In Tang Tak Sum v Tang Kai Fong ([2013] HKEC 1159, CFI) the first question was whether certain land in the New Territories was subject to a Chinese customary trust. It was held that it was not since no...

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Adverse possession of a common part by a non-owner

In Yeung Mau Cheung v Ka Ming Court ([2013] HKEC 1271, CFI) the plaintiffs and their predecessors had used two portions of the common parts of a building as a refreshment store and associated storage...

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Alleged trespass: refusal of interim injunction

In Turbo Top Ltd v Lee Cheuk Yan ([2013] 3 HKLRD 41, CFI) P was the grantee of land on which there was both a building and an open space. P and the Financial Secretary were co-owners of the land. The...

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Equity’s darling

In Pilcher v Rawlins ((1871 – 72) LR 7 Ch. App. 259) a father set up a trust for his children. There were three trustees, one of whom was P the children’s uncle (a solicitor). The trustees advanced...

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Undue influence: whether the lender is on notice has to be considered from...

In Li  Sau Ying v Bank of China (Hong Kong) Ltd ((2004) 7 HKCFAR 579, CFA)  a businesswoman (L) supplied goods on credit to X. X ran up an indebtedness to her of HK$1m. When pressed to pay, X suggested...

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Misrepresentation and undue influence: where the wife benefits from the...

In Bank of China (Hong Kong) Ltd v Leung Wai Man ([2011] 4 HKLRD 707) a husband and wife guaranteed the indebtedness of S Ltd to the bank. They also gave the bank a charge over their home. The husband...

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Undue influence: bank not put on inquiry merely by disadvantageous transaction

In Bank of China (Hong Kong) Ltd v Leung Ngai Hang ([2006] HKCU 78, CA) Miss C and Miss L had been friends and business partners. They bought an investment property together. They borrowed money to...

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When is gift of title to land irrevocable?

In Mascall v Mascall ((1984) 50 P & CR 119, CA (Eng)) a father agreed to give his son a house. He refused to accept payment for it. About five years later, the son wanted to regularize the...

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Land and donationes mortis causa

Sen v Headley [1991] Ch 425 BH had lived as man and wife with Mrs Sen for ten years. They separated but remained close friends. On his death bed he told her: ’The house is yours, Margaret. You have the...

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Lease: estoppel; Lands Tribunal’s jurisdiction to award specific performance

In Fordtime Industrial Ltd v Yip Shing Lam ([2013] HKEC 1613, LT) F had acquired a shop and the cockloft above it (which was a separate property). The acquisition of the cockloft was subject to a...

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Promissory estoppel: property owned by company controlled by the promissor

In Hong Kong Hua Qiao Co Ltd v Cham Ka Tai ([2013] HKEC 1182, CFI) L gave C (the unmarried partner with whom he co-habited) the title deeds to a property owned by a company controlled by him. At the...

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Article 122 of the Basic Law and inter vivos gift of land

In Secretary for Justice v Chung Kam Ho ([2013] HKEC 1667, CFI) a father assigned land to his son. Both father and son were indigenous villagers of the New Territories. The Government brought an action...

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Proving the common intention constructive trust

In Ip Man Shan Henry v Ching Hing Construction Co Ltd ([2003] 1 HKC 256, CFI) ICP paid for land but he channeled the payment through his company (Ching Hing). Ching Hing then paid the construction...

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Rectification: quality of evidence of the common mistake

In Ahmad v Secret Garden (Cheshire) Ltd ([2013] EWCA Civ 1005, CA (Eng)) A and S negotiated the terms of a lease. They signed a document (lease 1) that did not contain all of the terms but did record...

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Voluntary transfer and resulting trust

In Hodgson v Marks ([1971] 2 All ER 684, CA (Eng)) a lady (Mrs H) made a voluntary transfer of her house to her lodger. It was accepted that they both knew that no gift was intended and that the...

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Application to vacate the registration of a writ

In Huen Wai Kee v Choy Kwong Wan Christopher ([2013] HKEC 1784, CFI) H and C were the shareholders of P Ltd. C agreed to buy H’s shares for HK$40 million. C agreed that property (‘the property’) owned...

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Wise Think Global Ltd: had a further deposit been paid?

In Wise Think Global Ltd v Finance Worldwide Ltd ([2013] HKEC 1790, CFA) S agreed to sell property to P. A deposit of HK$500,000 was paid on the signing of the provisional agreement. A further HK$3.1m...

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Adverse possession where part of the land is not in constant, active use

Cornhill Enterprises Ltd v 梁振生 ([2013] HKEC 1796, CFI) ‘is a classic example of how absent neglectful landowners create problems for themselves in the face of an acquisitive population seeking in the...

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