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Course Details

Property Litigation: Constructive Trust, Proprietary Estoppel, and Adverse Possession
Alan Kwong, Barrister-at-law, Des Voeux Chambers
Stephanie Wong, Barrister-at-law, Des Voeux Chambers
Date: 22 June 2018 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,600
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L18CY05
Venue: Learning Commons
Unit 903, 9/F,
Euro Trade Centre,
21-23 Des Voeux Road,
Central, Hong Kong
[View Map]
Presenter's Biography:

Alan graduated from the University of Cambridge and the University of Hong Kong with first class honours in Politics and Law.
Alan practices mainly civil and commercial law, with a special focus in the areas of companies, land disputes, and general commercial disputes.

Particularly in relation to common intention constructive trust and estoppel, Alan appeared before the Court of Appeal for the successful parties in the leading authorities Mo Ying v Grilled Development Ltd. [2015] 2 HKLRD 985 and Hong Kong Hui Qia Co Ltd. v Cham Ka Tai [2015] 4 HKC 167.

Stephanie was called to the Bar in 2016, after obtaining First Class and Dean's List Honours for both her BBA(Law) and LLB degrees at the University of Hong Kong. She was also a Visiting Student at the University of Oxford, where she completed the one-year law programme with First Class results. She went on to obtain an LLM at the University of Cambridge, and graduated with a First in Intellectual Property law.

Her practice covers both advisory and advocacy work in civil, intellectual property, competition, land law, and public law.

Stephanie is also currently serving as a Member to two Practice Area Committees of the Hong Kong Bar Association, namely the Committees on Intellectual Property Law and Competition Law.

Alan and Stephanie jointly appeared in Cheung Lai Mui v Cheung Wai Shing, HCA 1652/2014 (unrep., 10 April 2017), a case concerning common intention constructive trust, proprietary estoppel, promissory estoppel, and adverse possession.
 
Objective:

Disputes as to ownership of landed properties are commonplace in Hong Kong. The ownership of an estate or interest in land may be acquired by a formal act of conveyance, or by other informal means recognised in law. The rules of equity have developed the doctrines of common intention constructive trust and proprietary estoppel, so as to militate against the harshness of the formal requirements under the common law. In Hong Kong, and in particular in the New Territories, another common way by which title in landed properties may be acquired is by operation of adverse possession.

This seminar aims to provide a general overview on common intention constructive trust, proprietary estoppel, and adverse possession. It will also update the audience on some recent cases, including:-

  • Cheung Lai Mui v Cheung Wai Shing, HCA 1652/2014 (unrep., 10 April 2017)
  • Ng Ho Chu Judy v Chan Wing Hung, CACV 139/2016 (unrep. , 28 July 2017)
  • Re Estate of Chung Hung Chong HCA 54/2014 (unrep. , 19 October 2016)
  • Lam Man Lau and Lam Chim Lau, Lam Chun Kwong & Lam Chau Sing as managers of Lam Kong (or Kwong) Wing Tso v Secretary for Justice DCCJ 1682/2012 (unrep. , 25 July 2016)

 
Outline:

  • Elements of common intention constructive trust, proprietary estoppel, and adverse possession
  • Interactions among the three doctrines
  • Remedies
  • Application in the context of multi-storey buildings in Hong Kong
  • Recent case updates
  • Procedural issues
  • Topical areas and practical tips

 
Category: Conveyancing
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