30 Jun 2021
LEUNG PING CHIU, ROY, appointed by Order dated 12 May 2020 to represent the ESTATE OF YANG FOO-OI, since deceased v. WAI WAI CHEN AND ANOTHER
- Citation
- [2021] HKCA 941
- Court
- Court of Appeal
- Case number
- CACV241/2016
Court of Appeal affirmed the trial judge: the CHL/related offshore scheme was a sham in substance and Chen remained beneficial owner so transfers were held by Vivien as trustee; Proposal A/B were intended to have legal effect and gave Yang a one‑third beneficial entitlement to what her daughters received; Vivien owed fiduciary duties and a duty of disclosure (as fiduciary and under family‑arrangement principles) and breached them by failing to disclose the true market value and by making misleading statements; the Disputed Agreements were procured by undue influence and are rescindable; equit…