14 Dec 2011
MIR, ABDUL REHMAN v. MIR, HEENA
- Citation
- MIR, ABDUL REHMAN v. MIR, HEENA
- Court
- Court of First Instance
- Case number
- HCMP1347/2008
The court preferred the Defendant's evidence that a physical assault occurred and that illegitimate pressure continued thereafter; the 2006 Deed was therefore procured by duress and is voidable and has been avoided by the Defendant; there was no credible evidence to establish an express or resulting trust in 2001 (Plaintiff's will amendment contemporaneous with the 2001 Deed indicated intent to divest); accordingly Plaintiff's partition and declaration claims fail, the 2006 Deed is set aside, and Defendant entitled to damages (HKD100,000 general; HKD40,000 aggravated), interest and costs.
- Partition ordinance s.6
- Deed of gift
- Duress (voidable contract)
- Resulting/express trust
- Declaration
- Pain, suffering and loss of amenities (psla)