29 Jul 2020
YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG HUNG HEI PATRICK, DECEASED
- Citation
- [2020] HKCFI 1693
- Court
- Court of First Instance
- Case number
- HCA2812/2015
The court found on the evidence the 1999 transfers were not proved to be conditional: alleged conditions were at best precatory and, in any event, void for uncertainty; alternatively any trust arising from breach would be a remedial (Type 2) constructive trust caught by the six‑year limitation and, together with inordinate delay, barred by laches; accordingly the plaintiff's claim failed and was dismissed.