10 Aug 2015
CHEUNG AU YUEN ROSALIND AND ANOTHER v. WONG KAN KIU AND ANOTHER
- Citation
- CHEUNG AU YUEN ROSALIND AND ANOTHER v. WONG KAN KIU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA850/2011
The court preferred the plaintiffs' evidence, found no contemporaneous company record or acknowledgement supporting the claimant's assertion that the HK$3,000,000 was a company distribution, and held the payment was a personal loan by Cheung repayable on demand; the counterclaim for an account of rents failed because mere co-ownership did not establish a fiduciary duty to account under the pleaded facts.