Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fraud and forgery
  • 31 Aug 2016

    TAM YING MAN v. LEUNG KA CHUN AND OTHERS

    Citation
    TAM YING MAN v. LEUNG KA CHUN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2166/2011

    Court found plaintiff voluntarily entrusted Wan with original documents and signed BR change forms, thereby creating apparent authority; D1 and subsequent purchaser D3 acquired the Right for value as bona fide purchasers without notice (or with only suspicion not rising to dishonesty/irrationality); equitable tracing could not defeat their title; plaintiff failed to prove forgery or fraud to the required standard and withheld documents, attracting an adverse inference; accordingly plaintiff's proprietary claim and contribution claim failed and judgment was entered for defendants.