LAY SHE THIAM AND ANOTHER v. LAI SI KAN

LAY SHE THIAM AND ANOTHER v. LAI SI KAN

Application dismissed because the defendant's pleaded case and evidence were not inherently implausible and raised real triable issues as to contribution, resulting trust and estoppel such that summary disposal under O.14 was inappropriate.

Citation
LAY SHE THIAM AND ANOTHER v. LAI SI KAN
Parties
Plaintiff (deceased): Thiam; Plaintiff (surviving Joint Tenant): Siauw; Defendant: Kan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 May 2008
Case Number
DCCJ4253/2006
Procedural Posture
Civil Property Dispute Possession and Proprietary Claims / Summary Judgment Application Under O.14; Pleadings Closed
Outcome
Summary judgment application dismissed
Legal Topics
Possession, Licence to Occupy, Resulting Trust, Proprietary Estoppel, Summary Judgment, Formalities for Creation of Interests in Land
Source Language
EN
Property Law Equity Civil Procedure Possession Licence to Occupy Resulting Trust Proprietary Estoppel Summary Judgment +1 more

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Parties

Thiam

Plaintiff (deceased)

Siauw

Plaintiff (surviving Joint Tenant)

Kan

Defendant

Procedural Posture

Civil Property Dispute Possession and Proprietary Claims / Summary Judgment Application Under O.14; Pleadings Closed

Legal Issues

  1. 1 Whether the licence granted to the defendant was revocable or irrevocable
  2. 2 Whether the defendant acquired a beneficial interest by contribution to the purchase (resulting trust)
  3. 3 Whether the defendant is estopped from denying an irrevocable right by contributions to maintenance

Ratio Decidendi

Application dismissed because the defendant's pleaded case and evidence were not inherently implausible and raised real triable issues as to contribution, resulting trust and estoppel such that summary disposal under O.14 was inappropriate.

Court Disposition

Summary judgment application dismissed

Orders

  • Application dismissed with costs to the Defendant
  • Costs shall be taxed if not agreed