9 Mar 2022
CHAN SUK YEE BONNIE v. THE ESTATE OF CHAN SAU YIU AND OTHERS
- Citation
- [2022] HKCFI 633
- Court
- Court of First Instance
- Case number
- HCA1495/2017
Court found on balance of probabilities that the HK$5,000,000 originated from the Plaintiff and was used to fund the 3rd Defendant and purchase the Property; contemporaneous memorandum, cheque, bank evidence, credible independent witness testimony and audio recordings established a common agreement and detrimental reliance such that a common intention constructive trust arose in favour of the Plaintiff over the 10,000 issued shares and the Property; waiver/laches defence was unpleaded or unproven and failed.