15 Apr 2015
MO YING v. BRILLEX DEVELOPMENT LTD AND ANOTHER
- Citation
- MO YING v. BRILLEX DEVELOPMENT LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV120/2014
The appeal is dismissed because on the facts the wife failed to prove a common intention constructive trust: the trial judge's factual findings (equivocal words by the husband, lack of contributory pool, insufficient detriment) were not plainly wrong. Independently, the wife knew of the sale and leaseback and by her silence and conduct was estopped/waived from asserting any proprietary claim against the purchaser, so the sale cannot be set aside.