18 Jun 2009
SAM SHUI NATIVES ASSOCIATION v. KWOK WAI CHIU AND OTHERS
- Citation
- SAM SHUI NATIVES ASSOCIATION v. KWOK WAI CHIU AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV362/2007
The Court allowed the appeal and held that the Plaintiff, as the incorporated successor of the earlier unincorporated associations, is the beneficial owner of the properties; Properties A are held for the charitable purpose of maintaining the Yee Chung with surplus funds for relief of the poor (trust of imperfect obligation); the declarations of trust when construed in historical context were effective and the Statute of Frauds did not bar the claim.