3 Oct 2024
SHUM YUK LUN v. CROWN SURPLUS INTERNATIONAL LTD
- Citation
- [2024] HKDC 1401
- Court
- District Court
- Case number
- DCCJ5345/2019
Leave to appeal dismissed: primary judge's factual findings that the Father either intended an actual gift of his share in 2010 (or alternatively presumption of advancement applied) were not plainly wrong; no pleaded or evidential basis for common intention constructive trust; 2018 share transfer is a separate share dispute and irrelevant to this property claim; no basis to overturn refusal to adjourn or to allow lay advocacy; therefore no reasonable prospect of success under s63A(2).
- Resulting trust
- Common intention constructive trust
- Presumption of advancement
- Piercing the corporate veil (considered but not decided)
- Leave to appeal test
- Right of audience / mckenzie friend