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Hong Kong proprietary estoppelcommon intention constructive trusts

Siu Wai Ming v Shiu Wai Hong & Ors

[2025] HKCA 237
JurisdictionHong Kong
CourtHK Court of Appeal
Year2025
StatusBinding authority

Summary

Detrimental reliance is a necessary element for a claimant to surrender beneficial ownership of property.

Key Principle

The Court of Appeal affirmed that detrimental reliance is required for surrender of beneficial ownership.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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