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Ongoing Nina Wang saga: Hong Kong Court of Appeal grants leave for Chinachem Charitable Foundation to appeal to the Court of Final Appeal
The Court of Appeal ("CA") dismissed Chinachem Charitable Foundation Limited's (the “Foundation”) appeal on 11 April 2014 and held that Nina Wang had …
Whose house is it anyway? Hong Kong Court grapples with constructive and resulting trusts
In Cheung Hon Hung v Siu Wai Chun, the personal relationship between the plaintiff and the defendant had broken down, and they were in dispute over a …
Recovering assets from an estate without challenging a will
In Leung Chung Ching Edwin and Wong Fung San Hanny v The Estate of Leung On Mei Amy, deceased, the Court of First Instance held that the parents of the …
The power behind the throne: costs orders against a non-party
The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the …
Breakdown of Trust: Important Court of Final Appeal divorce ruling reaffirms the Court's power to consider assets held in trust as part of the matriomonial estate and the presumption of the equal division of assets
The case of Poon Lok Otto v Kan Lai Kwan Kay and HSBC International Trustee Ltd. arose out of the high-profile divorce of a wealthy couple and the …
Hong Kong Court tackles Beddoe applications and Bartlett clauses
The case of Highmax Overseas Ltd v Chau Kar Hon Quinton considers the interaction of two issues very relevant to trustees (particularly trustees of trust …
Hong Kong Court of Appeal upholds Court of First Instance decision that billionaire had bequeathed her fortune as a charitable trust and not an absolute gift
Following the Court of First Instance ("CFI") decision of 22 February 2013 (see previous blog post for details), an appeal was brought to the Court of …
United Kingdom Supreme Court: knowing recipients and dishonest assisters in fraudulent breaches of trust can rely on 6 year limitation period as a defence
In a recent decision, Williams v Central Bank of Nigeria [2014] UKSC 10, a majority of the United Kingdom Supreme Court held that knowing recipients and …
Hong Kong Court of Appeal cooks elder brother's goose in Yung Kee case by dismissing appeal
On 6 March 2014 the Court of Appeal dismissed an appeal in the Yung Kee Holdings Limited family company dispute. In doing so, the Court of Appeal …
Attestation of documents executed overseas for use in Hong Kong
The Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the HKSAR ("OCMFA") recently relaxed its policy on …
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