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 HK, 15 foreign) Cited by 3 cases

Practice Areas

Land & Property Wills, Probate & Estates

Judges (3)

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

Case Significance

Ho Wai Kwong, Executor of the Estate of Yu King, Deceased v. Ho Kam Chui [2025] HKCA 174 was decided by the Court of Appeal on 20 February 2025. The matter is classified under Land & Property and Wills, Probate & Estates, and carries the catchwords Sale of Goods Ordinance and Sale of Goods Ordinance — s 41.

The Court of Appeal's decision was later cited in Ghazi Faidi v. Qantex Capital Markets Ltd and Others [2025] HKCA 236 and in Re Goldstone Holdings Ltd [2025] HKCFI 2778. The same estate matter continued as Ho Wai Kwong (何偉光), Executor of the Estate of Yu King (余琼), Deceased v. Ho Kam Chui [2025] HKCA 389.

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.

What areas of law does Ho Wai Kwong, Executor of the Estate of Yu King, Deceased v. Ho Kam Chui [2025] HKCA 174 involve?

The Court of Appeal decision is classified under Land & Property and Wills, Probate & Estates, and carries the catchwords Sale of Goods Ordinance and Sale of Goods Ordinance — s 41, reflecting the estate and property issues at stake.

Did later decisions cite this Court of Appeal ruling ([2025] HKCA 174)?

Yes. Ho Wai Kwong, Executor of the Estate of Yu King, Deceased v. Ho Kam Chui [2025] HKCA 174 was cited in Ghazi Faidi v. Qantex Capital Markets Ltd and Others [2025] HKCA 236 and in Re Goldstone Holdings Ltd [2025] HKCFI 2778.

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 (3)

[2025] HKCFI 2778

RE GOLDSTONE HOLDINGS LTD

[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

Citation influence

HKLII records this judgment as cited by 4 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCA 236 Court of Appeal

7 March 2025

[2025] HKCFI 5633 Court of First Instance

19 November 2025

[2025] HKCFI 2778 Court of First Instance

2 July 2025

[2025] HKCA 389 Court of Appeal

7 May 2025