CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) V. CHEUNG WAI SHING AND OTHERS

[2021] HKCFA 19 Court of Final Appeal 27 May 2021 • FACV1/2021 • 50 min read
28 cases cited (0 SG, 28 foreign) Cited by 2 cases

Practice Areas

Basic Law Limitation Ordinance

Judges (5)

Bokhary Coram Cheung Coram Fok Coram Gummow Coram Ribeiro Coram

Counsel (8)

Chan & Chan Firm Tung, Ng, Tse & Lam Firm Alan Kwong Counsel Defendant Anson Wong Yu Yat Counsel Plaintiff Audrey Eu Counsel Plaintiff Jason Kung Counsel Plaintiff Stephanie Wong Counsel Defendant William Wong Counsel Defendant

Parties (4)

Cheung Chi Yung Defendant Cheung Lai Mui Plaintiff Cheung Wai Min Defendant Cheung Wai Shing Defendant

Summary

Cheung Lai Mui, as executrix and administratrix of two estates, appealed in a family property dispute concerning beneficial interests in New Territories land. The Court of Final Appeal considered the principles of common intention constructive trust and equitable accounting in the context of family co-ownership arrangements. The appeal was allowed in part, with the Court clarifying the applicable legal principles.

Statutes Cited

Basic Law
Art 160
Limitation Ordinance (Cap 347)

Cases Cited (28)

UK (17)
[1897] 2 Ch 579 [1897] AC 180 [1977] 1 WLR 438 [1982] Ch 391 [1985] 1 AC 733 [1990] 1 WLR 616 [1993] 1 WLR 1046 [2001] Ch 210 [2002] EWCA Civ 159 [2007] 2 AC 432 [2009] 1 WLR 1124 [2009] 1 WLR 776 [2010] EWHC 3117 [2012] 1 WLR 1309 [2012] EWCA Civ 1140 [2017] 1 WLR 4005 [2020] AC 1161
AU (2)
[2002] NSWCA 3 [2004] FCAFC 332
HK (9)
(2001) 4 HKCFAR 474 (2009) 12 HKCFAR 1 [2003] 3 HKLRD 249 [2006] 1 HKC 23 [2011] 2 HKLRD 506 [2015] 1 HKLRD 286 [2019] HKCFI 1971 [2020] HKCA 148 [2020] HKCFA 41

Cited By (2)

[2025] HKCFI 6443
WONG MAN CHING, CHRISTINE, AS EXECUTRIX OF THE ESTATE OF WONG TAI KIN, DECEASED V. WONG YUNG MO AND ANOTHER
[2021] HKCFA 22
CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) V. CHEUNG WAI SHING AND OTHERS

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2021] HKCFA 19)