31 Dec 2019
TSANG WING KWAI AND ANOTHER v. WONG WING SZE TIFFANY AND ANOTHER
- Citation
- [2019] HKCFI 3148
- Court
- Court of First Instance
- Case number
- HCMP1912/2013
On the balance of probabilities the Mother executed the 1988 Declaration of Trust with understanding and thereby held the one original share on bare trust for Kwai; the 2012 Return of Allotment and Board Minutes were not shown to have been validly executed or understood by the Mother given her cognitive impairment and in any event contravened s57B CO and were for the dominant improper purpose of diluting Kwai’s beneficial interest; the Annual Return was signed by Kwai under mistake and did not ratify the Purported Allotment; accordingly the Declaration of Trust is effective, the share vests i…