Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unclean hands/disciplinary discretion
  • 10 Mar 1995

    LAI SAU KING v. LAM CHARP FAT

    Citation
    LAI SAU KING v. LAM CHARP FAT
    Court
    Court of First Instance
    Case number
    HCA7670/1992

    Judge found on credibility and evidential balance that the plaintiff provided Guilders 160,000 towards the shop purchase and paid the whole purchase price of the flat; consequently the plaintiff is entitled to a proportionate resulting trust in the shop and to be sole beneficial owner of the flat; the defendant must repay $50,000 and pay damages of $75,262.07 for breach of the $200,000 loan agreement; although the plaintiff's funds showed tax-evasion-type concealment, equitable relief was not denied because of the defendant's conduct and overall circumstances; an enquiry to ascertain contribu…