HO YIN YUK v. LAM KA LOK & HO CHOR MAN BEVAN

HO YIN YUK v. LAM KA LOK & HO CHOR MAN BEVAN

The court found the evidence of gifts implausible and concluded the withdrawals and transfers were obtained by false pretence and undue influence; Lam and Bevan were unjustifiably enriched at Ho's expense, entitling Ho to recover specified sums; counterclaims by Lam were fabricated and dismissed.

Citation
HO YIN YUK v. LAM KA LOK & HO CHOR MAN BEVAN
Parties
Plaintiff and Defendant: Ho Yin Yuk; Defendant and Plaintiff: Lam Ka Lok; Defendant: Ho Chor Man Bevan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2001
Case Number
HCA12958/1999
Procedural Posture
Civil (equity/trust/unjust Enrichment) / Judgment
Outcome
Judgment for plaintiff Ho in HCA12957/1999 and HCA12958/1999 for specified sums with interest; counterclaims by Lam in HCA16373/1999 and HCA17908/1999 dismissed.
Legal Topics
Constructive Trust, Equitable Lien, Money Had and Received, Undue Influence/elder Abuse, Gifts, Mortgage, Fraud
Source Language
EN
Equity Trusts Unjust Enrichment Property Banking Wills Constructive Trust Equitable Lien +5 more

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Parties

Ho Yin Yuk

Plaintiff and Defendant

Lam Ka Lok

Defendant and Plaintiff

Ho Chor Man Bevan

Defendant

Procedural Posture

Civil (equity/trust/unjust Enrichment) / Judgment

Legal Issues

  1. 1 Whether transfers and withdrawals were gifts or obtained by fraud/undue influence
  2. 2 Whether properties were held on constructive trust or subject to equitable lien
  3. 3 Whether claim for money had and received established

Ratio Decidendi

The court found the evidence of gifts implausible and concluded the withdrawals and transfers were obtained by false pretence and undue influence; Lam and Bevan were unjustifiably enriched at Ho's expense, entitling Ho to recover specified sums; counterclaims by Lam were fabricated and dismissed.

Court Disposition

Judgment for plaintiff Ho in HCA12957/1999 and HCA12958/1999 for specified sums with interest; counterclaims by Lam in HCA16373/1999 and HCA17908/1999 dismissed.

Orders

  • Judgment for plaintiff Ho Yin Yuk against defendant Lam Ka Lok in HCA12957/1999 for HKD 10986666.66 with interest at 8% per annum from 1 January 1997
  • Judgment for plaintiff Ho Yin Yuk against defendant Ho Chor Man Bevan in HCA12958/1999 for HKD 5087751.72 with interest at 8% per annum from 1 January 1997