6 Nov 2015
TANG YING LOI v. TANG YING IP alias TANG YING YIP AND OTHERS
- Citation
- TANG YING LOI v. TANG YING IP alias TANG YING YIP AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV36/2015
The Court upheld the Judge: the use by the 1st defendant of estate funds to complete the property purchase was a misapplication causally linked to the benefit obtained; characterization as a 'loan' and subsequent repayment did not defeat entitlement to an account of profits; the 1st defendant must account for the proportionate profits (as determined by enquiry) and the plaintiff is entitled to one‑fifth of those profits; the shortfall attracts compensation in the form of interest to be determined at enquiry.