31 Dec 2021
LI LAP WAI v. LEE TIN CHOI also known as LI TIN CHOI AND ANOTHER
- Citation
- [2021] HKCFI 3923
- Court
- Court of First Instance
- Case number
- HCA2287/2014
Although the development agreements were illegal and could not be relied on to found beneficial title, the plaintiff established proprietary estoppel by 'standing by' because strangers (developer and plaintiff/family) expended money and took possession in the belief they had rights, the first defendant knew of their belief and acquiesced, and it would be unconscionable for the first defendant to assert resulting trust; accordingly the Transfer was voidable and must be set aside and title restored to the plaintiff; the Purported GPA was not established to have been procured by actionable misre…