5 Jul 2013
車漢泉 對 車瑞玲及已故車玉華的遺產代理人
- Citation
- 車漢泉 對 車瑞玲及已故車玉華的遺產代理人
- Court
- Court of First Instance
- Case number
- HCA2258/2006
The court rejected the plaintiff's claims because the alleged oral agreement was vague, unparticularised and unsupported by contemporaneous evidence and therefore could not found a proprietary interest or constructive trust; the alleged instructions by the deceased did not establish entitlement to the property's legal or beneficial title; the HK$860,398.14 payment lacked proven legal basis for recovery; the defendant was entitled to possession of the property and mesne profits from 30 March 2011 at HK$5,000 per month with interest at 4% per annum until return of vacant possession.