14 Jun 2023
CHEUNG YUK YING ENGRACIA v. MACGREGOR ISABELLA
- Citation
- [2023] HKCA 749
- Court
- Court of Appeal
- Case number
- CACV120/2022
Having evaluated all evidence including the parties' relationship, the plaintiff's non‑disclosure of the shares in her Form E, the absence of a pattern of dividend payments to the plaintiff despite substantial dividends paid to the defendant, the limited probative value of the 2015 recovery of share certificates and the credibility assessments of witnesses, the judge's finding that the defendant discharged the burden of proving an outright gift was a conclusion reasonably open on the evidence; the Court of Appeal refused to disturb that finding and dismissed the appeal.