Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Constructive/implied trust

Legal area

Court

9 Dec 1998

FRANCIS ROBERT MULLENS ROBERT BRUCE HINCHCLIFFE v. ELMER YUEN AND OTHERS

Citation

FRANCIS ROBERT MULLENS ROBERT BRUCE HINCHCLIFFE v. ELMER YUEN AND OTHERS
Court

Court of First Instance
Case number

HCA1099/1997

The court found that the scheduled Mission Hills interest was intended to be and was impressed with a trust in favour of Strategic Holdings Limited; accordingly the 1st Defendant did not hold the disputed 20% on trust for the Plaintiffs and the Plaintiffs' proprietary and contractual claims fail. The Side Agreement and estoppel arguments do not establish a binding obligation in favour of the Plaintiffs. The monies are to remain in Court until further order, and the court declined to grant the Plaintiffs' declarations that the monies are held for them.
14 Nov 1984

YEO TEO BOK v. YEUNG KAI PUN

Citation

YEO TEO BOK v. YEUNG KAI PUN
Court

Court of First Instance
Case number

HCA14638/1983

The trial judge accepted the plaintiff's and Ang's evidence over the defendant's, concluded the defendant's account was not credible and that the purported IOU was a forgery; accordingly the monies in the defendant's US$ savings account were held on trust for the plaintiff and the defendant was ordered to pay US$139,000 to the plaintiff, with US$20,000 of the judgment carrying interest from 5 November 1983; costs awarded to plaintiff.