Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conversion / loss of documents
  • 30 Dec 2003

    CHO KAM FOOK v. MAK SHUI HA JANET

    Citation
    CHO KAM FOOK v. MAK SHUI HA JANET
    Court
    Court of First Instance
    Case number
    HCA1410/2000

    The plaintiff failed to rebut the presumption that the registered proprietor was the beneficial owner because contemporaneous bank statements and documentary evidence supported the defendant's account that a third party funded the purchase and mortgage; consequently the plaintiff had no beneficial interest. The defendant failed to prove entitlement to reimbursement for replacement deeds or to damages for the alleged removed items because she did not demand return and produced no adequate evidence of ownership or value.