5 Aug 2016
KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER
- Citation
- KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA557/2014
The court found the defendants failed to prove any constructive trust, secret trust or other equitable proprietary interest because the oral and retrospective evidence (principally Lai) was unreliable and unsupported by contemporaneous documents; the s.4 claim failed at the first stage because the applicant had already received substantial policy proceeds and there were no special circumstances or moral obligation making the Will's omission unreasonable; accordingly title and possession remain with Kwan and the equitable claims and s.4 relief are dismissed, subject to Kwan's undertaking which…