7 Dec 1994
HON PO SUN v. LAU NGAI
- Citation
- HON PO SUN v. LAU NGAI
- Court
- Court of Appeal
- Case number
- CACV131/1994
The appeal is allowed and the trial judge's declaration that the parties were equal beneficial joint tenants is quashed because the judge failed to determine the parties' common intention at the time of acquisition and failed to assess the authenticity of the defendant's written declaration; reliance solely on post-breakdown mortgage payments was insufficient to support the declaration; matter remitted for a new trial.