C.C

  Reaffirming the Boundaries of Agency and Misrepresentation in Property Transactions: Kwan Kwok Ki v Wong Tung Hung & Ors  [2025] HKCFI 1600 The recent decision of the Court of First Instance in  Kwan Kwok Ki v Wong Tung Hung, Choi Chi Chung, and Centaline Property Agency Limited  (HCA 1343/2014; [2025] HKCFI 1600) provides a timely and authoritative restatement of the legal principles governing fraudulent misrepresentation, fiduciary duties of estate agents, and the scope of vicarious liability in the context of high-value commercial property transactions. Factual Matrix The plaintiff, Mr. Kwan Kwok Ki, acquired a commercial building—K.K. Centre on Temple Street, Kowloon—for HK$347 million. The defendants, comprising two individual estate agents (D1 and D2) and their employer, Centaline Property Agency Ltd (D3), acted as his agents in the transaction. Central to the dispute was the plaintiff’s allegation that he was induced to overpay due to fraudulent misrepre...

Co-Ownership, Estoppel, and Easements: The CFA Clarifies the Limits of a Co-Owner’s Power Commentary on Wong Wai Ying Anita & Ors v So Kwai Chung & Anor [2025] HKCFA 8 In a landmark decision handed down on 20 May 2025, the Hong Kong Court of Final Appeal (CFA) in  Wong Wai Ying Anita & Ors v So Kwai Chung & Anor  [2025] HKCFA 8 addressed a novel and significant question at the intersection of co-ownership and proprietary estoppel: can one tenant in common unilaterally create an easement over co-owned land that binds the other co-owner, even where the latter had no knowledge of the promise? The CFA’s unanimous judgment, delivered jointly by Lam PJ and Keane NPJ, and endorsed by the Chief Justice and other Permanent Judges, affirms that such a right may indeed bind the non-consenting co-owner—provided it does not interfere with their possession or enjoyment of the land. This decision not only clarifies the scope of a co-owner’s power but also reinforces the equit...