24 Jun 2015
LAM CHI KUEN (also known as Frank Lam) v. CHENG WING CHUNG (also known as Edward Cheng)
- Citation
- LAM CHI KUEN (also known as Frank Lam) v. CHENG WING CHUNG (also known as Edward Cheng)
- Court
- Court of First Instance
- Case number
- HCA350/2015
Summary judgment was refused because the plaintiff's sworn affirmation was inconsistent with contemporaneous documentary evidence (notably transactions and waivers in 2011), creating triable issues as to whether the 2014 declaration simply recorded an existing beneficial interest or effected a disposition; however the defendant's pleaded defences were not strong on the evidence, so conditional leave to defend was granted with express undertakings to preserve shares, dividends and to exercise shareholder rights consistent with the alleged trusts.