26 Mar 2019
彭一鳴 對 彭錦華 (為死者梁慶梅遺產執行人)
- Citation
- [2019] HKCFI 790
- Court
- Court of First Instance
- Case number
- HCA1709/2015
Plaintiff's evidence was not credible and failed to prove an oral agreement, a clear promise, or the necessary reliance and detriment; contemporaneous documentary and conduct evidence contradicted the claim; therefore no constructive trust or proprietary estoppel arose and the declared legal shares (mother 50%/plaintiff 50%) stand; plaintiff must yield vacant possession and defendant (executor) may realize the estate's 50% interest; defendant entitled to costs on the basis set out in the judgment.