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Disposition of property with intent to defraud creditors
In Cheung Ying Lun v Legal Way Ltd ([2013] HKEC 1817, CFI) Legal Way owed the plaintiffs around HK$2 million as a result of an order made requiring Legal Way to pay the plaintiff’s legal costs arising...
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No liability to tenant in nuisance where landlord lacks possession or control...
In Habinteg Housing Association v James ((1995) 27 HLR 299, CA (Eng)) HHA owned an estate. J was HHA’s tenant in a flat on the estate. The flat had its own separate entrance and there were no common...
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Extent of waiver of Special Condition
In Favourable Issue Co Ltd v Secretary for Justice ([2013] HKEC 1851, CA) the Government granted a lease to F’s predecessor of some land in 1962. The lease contained a special condition prohibiting any...
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Tong land and the Limitation Ordinance
Tsang Kwong Kuen v Hau Wai Keung Gaius ([2013] HKEC 1920, CFI) concerned an unsuccessful adverse possession claim to Tong land. The court found that the plaintiff had not been in possession and this...
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Proprietary estoppel: ‘detriment’ and countervailing benefits
In Mak Ho Fung v Mak Kai ([2013] HKEC 1924, CA) the Court of Appeal had to consider the concept of ‘detriment’ and the linked concept of countervailing benefits. Two aunts persuaded their nephew (the...
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Estoppel by deed
In Prime Sight Limited v Lavarello ([2013] UKPC 22, Privy Council) M assigned a long lease to Prime Sight (‘the company’) a company which was controlled by him. The deed of assignment acknowledged the...
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2013 in review
The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog. Here’s an excerpt: The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 240,000 times in...
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Appointment of an administrator where the management committee had ceased to...
In Smart Wealth Asia Pacific Ltd v Kelly Court (IO) ([2013] HKEC 2056, LT) Smart Wealth had acquired 92.5% of the shares in a building. All the members of the management committee had sold their shares...
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House rules in the DMC
In Yuen Long Tin Shing Court (IO) v Wong Mau ([2013] HKEC 2021, LT) a flat owner was alleged to be keeping a dog in the flat in breach of the DMC. This problem was not resolved despite repeated...
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Adverse possession: recent reminder of the core elements
In Kiuwide Co Ltd v Tseung Ding Man ([2014] HKEC 5) the plaintiff had been the registered owner of a detached house since 1986. It was later discovered that the defendant had the formal title to part...
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Machinery: fixture or chattel
In Hulme v Brigham ([1943] KB 152) the question was whether heavy machines in a factory were fixtures or chattels (and so whether or not they were included in a mortgage of the factory). They were...
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Huts, portakabin and a shed: fixtures or not
In Wessex Reserve Forces and Cadets Association v White ([2005] EWHC 983) one question was whether certain structures erected on land by a tenant were fixtures or chattels. If they were fixtures, were...
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The limited role of admissible background in the case of registered documents
In Cherry Tree Investments Ltd v Landmain Limited ([2012] EWCA Civ 736, CA (Eng)) C had granted a charge of property to D pursuant to the terms of a facility agreement. The facility agreement extended...
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Undue influence: Lord Nicholls’ judgment in Etridge
In Royal Bank of Scotland v Etridge (No 2) ([2002] 2 AC 773, HL) the House of Lords looked at the law of undue influence in the context of a wife acting as surety for the indebtedness of her husband or...
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Lord Hobhouse’s judgment in Etridge
Agreement with Lord Nicholls Lord Hobhouse agreed with Lord Nicholls but gave a lengthy judgment of his own as a commentary upon the issues and the scheme set out by Lord Nicholls. Lord Hobhouse...
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Undue influence: CIBC Mortgages v Pitt
In CIBC Mortgages plc v Pitt ([1994] 1 A.C. 200, HL) a husband and wife granted CIBC a charge over the matrimonial home which was in joint names. The loan application (in joint names) stated that the...
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Presumption of undue influence requires disadvantage
In National Westminster Bank plc v Morgan ([1985] AC 686, HL) a husband and wife signed a charge over their jointly-owned property in favour of the bank. This was a condition attached to a bridging...
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Tang Kim Kwan Patrick – Court of Appeal
Tang Kim Kwan Patrick v Lee Chi Ting Karen ([2014] HKEC 292, CA) concerned four properties in Hong Kong. Three were purchased in the name of the defendant and one was in the joint names of the...
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Lease renewal slips: offer or invitation to treat?
In Shun Ho Energy Development Co Ltd v Golden Crown Industries Ltd ([2014] HKEC 446, LT) a tenant (T)’s leases of 3 shops expired. The landlords (L) served notices of expiry on T. These called upon T...
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Undue influence: what is the next stage once the presumption of undue...
In Hammond v Osborn ( [2002] EWCA Civ 885) O took care of P (an elderly neighbour) out of kindness and compassion. He gave her GBP300,000 (the value of his investments). Part of the money was used to...
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