31 Jan 2019
HO LAI KING v. KWOK FUNG YING AND ANOTHER
- Citation
- [2019] HKCFI 224
- Court
- Court of First Instance
- Case number
- HCA305/2014
Court found on the balance of probabilities that the alleged oral agreement existed but, applying the strong presumption against legal intention in family arrangements and the objective test, defendants failed to rebut that presumption; terms were vague and lacked requisite certainty and no intention to create legal relations was established, therefore the oral agreement was not legally binding and the counterclaim was dismissed; plaintiff entitled to declaratory relief as sole beneficiary in respect of Hong Kong assets and the Mainland property as certified by PRC notary.