9 Sept 2019
LEE PAK YAN, the Personal Representative of the Estate of LEE CHI YING, deceased v. SHA LO TUNG DEVELOPMENT CO LTD
- Citation
- [2019] HKCFI 2159
- Court
- Court of First Instance
- Case number
- HCA2220/2018
The court held that on the pleaded facts the conveyances were intended to transfer absolute title to the defendant to facilitate redevelopment, and it was plain and commercially unthinkable that an implied trust reserving equitable title back to villagers arose after conveyancing; additionally, obligations to build village houses were expressly conditional on Government approval and thus not presently enforceable, so the pleaded claim to an implied trust and related reliefs did not disclose a reasonable cause of action and were susceptible to summary dismissal.