Maintaining constants amongst variable factors: the challenge of equitable accounting in the property context

Abstract

Abstract Cheung Lai Mui v Cheung Wai Shing and Ors is a recent Hong Kong Court of Final Appeal judgment which concerns a family feud over the ownership of properties. In this article, we will focus on the part of the judgment which concerns the issue of equitable accounting. Although this judgment did not break new legal ground, we believe that it has several important implications which warrant attention. We will first unpack and explain the judgment and supplement the discussions with the relevant legal principles and concepts. We will then discuss the judgment’s implications for cases involving equitable accounting and where courts are given the option to exercise wide, flexible discretionary powers.