Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Detriment
  • 28 Jun 2016

    YU CHI MAN AND OTHERS v. YU YIP LAM

    Citation
    YU CHI MAN AND OTHERS v. YU YIP LAM
    Court
    District Court
    Case number
    DCCJ1252/2013

    The court found no common intention constructive trust in favour of the defendant; accepted that an oral family arrangement existed and that plaintiffs acted to their detriment such that it would be unconscionable for defendant to renege; therefore the oral arrangement was enforceable by part performance/proprietary estoppel, entitling the plaintiffs to a declaration of equal beneficial ownership and assignment of legal title; the defendant failed to prove the alleged five loans and the counterclaim was dismissed.