8 Mar 2021
NG PO YU AND ANOTHER v. LAM KAI ON, the executor of the estate of WONG MUI, deceased
- Citation
- [2021] HKCA 263
- Court
- Court of Appeal
- Case number
- CACV379/2018
The appeal is dismissed: the Court of Appeal held the pleaded facts were sufficient to support a restitutionary/subrogation claim that Mother’s estate was unjustly enriched by Daughter’s mortgage repayments, affirmed the Judge’s finding that Daughter funded the repayments at Mother’s request and not merely from filial duty, upheld the pragmatic 3:1 apportionment of remaining indebtedness, and found the trial judge’s imposition of a charging order on the Property was within jurisdiction and non-prejudicial despite procedural shortcomings.