2 Nov 2018
HO HON PIU v. LI MIU KWAI representing the estate of HO HON KA (deceased)
- Citation
- [2018] HKCA 784
- Court
- Court of Appeal
- Case number
- CACV15/2017
The trial judge's factual findings that no express trust or the asserted oral agreements existed were supported by the evidence and not open to appellate interference: the plaintiff failed to prove the requisite intention and the three certainties, there was no contemporaneous documentation, the presumption that beneficial title follows legal title was not rebutted given the disproportionate contributions and mortgage burdens borne by the defendant, and the plaintiff's conduct after sale (accepting $200,000 and not demanding the balance) was inconsistent with his pleaded rights; accordingly t…