Poon Lai Tak and Another v. Kfh Investment Consultancy Ltd and Another

HCA 248/2024

[2025] HKCFI 4360

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 248 OF 2024

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D E C I S I O N

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1.The plaintiffs have applied by Summons filed on 12 August 2025 for a direction under s.25A High Court Ordinance for the execution of documents for the transfer or assignment to the plaintiffs of the 2^nd defendant’s legal title in a piece of land (“the property”).

2.On 7 February 2024, the writ in this action was issued against the defendants, with the plaintiffs claiming against the 1^st defendant that it has breached an agreement for development of the property, and against the 2^nd defendant for a declaration that he held the title of the property on resulting trust for them (and ancillary claims). The statement of claim was amended on 5 July 2024 to include specific claims for orders that the 2^nd defendant do, among other things, convey and deliver up vacant possession of the property to the plaintiffs.

3.Neither defendant acknowledged service or filed a defence.

4.On 20 February 2025, ST Poon J gave the following orders:

(1)  a declaration that the 2^nd defendant holds his interest in the property on resulting trust for the plaintiffs,

(2)  a declaration that the legal and beneficial interest in the property remains vested in the plaintiffs,

(3)  an order that the 2^nd defendant do assign or vest the legal title of the property to or in the plaintiffs, and to execute all necessary instruments for that purpose, and

(4)  costs of the action including the application before him be to the plaintiffs to be taxed if not agreed.

5.On 12 August 2025, the plaintiffs filed a Summons and a supporting affirmation of the 1^st-named plaintiff. The affirmation stated that on 27 February 2025, the plaintiffs’ solicitors had sent to the 2^nd defendant a letter enclosing a sealed copy of ST Poon J’s Order, and demanding that he complies with para. 3 of the Order within 14 days. The 2^nd defendant did not reply or comply with the said Order.

6.On 9 September 2025, a process server of the plaintiffs’ solicitors filed an affirmation stating that he had on 15 August 2025 served the Summons and supporting affirmation on the 2^nd defendant by post at his usual and last known address, and that they have not been returned through the Post Office for non-delivery.

7.In the circumstances, I am satisfied that I should make the following order:

(1)  Lau Chun Hei Andy, a partner of TK Tsui & Co, solicitors for the plaintiffs, be directed under s.25A High Court Ordinance to take all necessary steps and execute all documents as may be necessary (including but not limited to instruments of transfer or conveyance) to transfer or assign the 2^nd defendant’s legal title of and interest in Section A of Lot No. 1143 in Demarcation District 114 to the plaintiffs;

(2)  there be liberty to apply; and

(3)  costs of and occasioned by this application be paid by the 2^nd defendant to the plaintiffs forthwith.

8.As there was no statement of costs for summary assessment, I directed that a statement be filed with the court by 4 pm on 19 September 2025 for summary assessment.

Mr Anthony Ko and Mr Andy C Y Kwok, instructed by Messrs T K Tsui & Co, for the Plaintiffs

The 2^nd Defendant, in-person, absent