HO WAI KWONG, EXECUTOR OF THE ESTATE OF YU KING, DECEASED V. HO KAM CHUI

[2025] HKCA 174 Court of Appeal 20 February 2025 • CACV301/2023 • 54 min read
15 cases cited (0 SG, 15 foreign) Cited by 2 cases

Practice Areas

Sale of Goods Ordinance

Judges (3)

Au Coram G Lam Coram Kwan Coram

Counsel (7)

Chan Wong & Yip Firm Hasting & Co Firm Axis Yu Counsel Defendant Chantel Lin Counsel Defendant Kay Seto Counsel Plaintiff Norman Nip Counsel Defendant Wong Yan Lung Counsel Plaintiff

Parties (2)

HO WAI KWONG, executor of the estate of YU KING, deceased Plaintiff Ho Kam Chui ( ) Defendant

Summary

Estate dispute between Ho Wai Kwong (executor of Yu King's estate) and Ho Kam Chui concerning a property transfer by the deceased mother during her lifetime. The Court of Appeal addressed whether the transfer was a genuine sale or a sham, and the defendant's counterclaim for recovery of the property. The case raised important questions about restitutionary remedies in construction contract disputes.

Statutes Cited

Sale of Goods Ordinance
s 41

Cases Cited (15)

UK (8)
[1942] AC 356 [1980] AC 367 [1989] 1 AC 1056 [1992] 2 AC 152 [1994] 1 WLR 161 [1997] 1 WLR 415 [2004] EWCA Civ 223 [2023] AC 684
HK (7)
(2002) 5 HKCFAR 336 (2004) 7 HKCFAR 79 (2011) 14 HKCFAR 558 [1999] 1 HKC 657 [2014] 4 HKLRD 436 [2023] 3 HKLRD 164 [2023] HKCFI 2218

Cited By (2)

[2025] HKCA 389
HO WAI KWONG (何偉光), EXECUTOR OF THE ESTATE OF YU KING (余琼), DECEASED V. HO KAM CHUI
[2025] HKCA 236
GHAZI FAIDI V. QANTEX CAPITAL MARKETS LTD AND OTHERS

Judgment

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

Read on HKLII

Source: HKLII ([2025] HKCA 174)