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...
View ArticleTransfer 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...
View ArticleCreation 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...
View ArticleAdverse 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...
View ArticleAlleged 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...
View ArticleEquity’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...
View ArticleUndue 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...
View ArticleMisrepresentation 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...
View ArticleUndue 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...
View ArticleWhen 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...
View ArticleLand 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...
View ArticleLease: 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...
View ArticlePromissory 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...
View ArticleArticle 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...
View ArticleProving 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...
View ArticleRectification: 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...
View ArticleVoluntary 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...
View ArticleApplication 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...
View ArticleWise 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...
View ArticleAdverse 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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