2 Sept 2024
LEUNG CHI CHEONG (the person appointed to represent the estate of LEUNG FAI, deceased) v. LIU CHE WUN AND ANOTHER
- Citation
- [2024] HKCFI 2181
- Court
- Court of First Instance
- Case number
- HCA1128/2007
On the factual findings of joint management, sharing of profits, repeated assurances and detrimental reliance, the court held that the Deceased and the 1st defendant had a common intention that the 1st defendant would have a beneficial interest in the Land and it would be unconscionable to deny that interest; accordingly the plaintiff (and/or the Estate) held the Land on a common intention constructive trust for the 1st defendant as sole beneficial owner; alternatively the elements of proprietary estoppel were satisfied; the plaintiff's claim for an account of profits was rejected and the 1st…