4 Dec 2019
MUI SO BING v. WAN CHI SHING AND OTHERS
- Citation
- [2019] HKCA 1341
- Court
- Court of Appeal
- Case number
- CACV177/2019
Appeal dismissed. Plaintiff was bound by her pleaded case of resulting trust and could not raise alternative equitable causes on appeal that were not pleaded and were fact sensitive; the judge correctly found resulting trust not established; vendor/purchaser and common intention constructive trust arguments fail on the facts and raising them on appeal would be unfair; plaintiff's failure to register written agreements meant registered purchasers took priority under the Land Registration regime; judgment against 1st and 2nd for unjust enrichment stands.