14 Nov 2016
The application for summary judgment was dismissed because the plaintiff sought judgment on a factual basis (mistaken gifts) different from her pleaded case (trusts) and because there was a triable issue as to the plaintiff's state of mind at the time of the transfers, which precludes summary disposition.
21 Feb 2014
The Court of Appeal held that on the proper construction of the plaintiff's Chinese words and on the totality of the evidence the natural inference was that Metro Harbour View was intended as a gift to the defendant, so the plaintiff's claim in respect of that property was dismissed; as to Royal Peninsula the court affirmed a resulting trust in favour of the plaintiff but held that the defendant had been given a power of sale enabling her to retain the net profit on resale, and therefore qualified the declaration and substituted orders directing sale and a specified distribution of net procee…
31 Mar 2009
The Defendant failed to discharge the burden of proving an intention to gift; documentary evidence shows the purchase monies were paid on behalf of the Plaintiff and the Plaintiff's evidence (corroborated by conveyancing clerk) was preferred on credibility grounds, therefore the presumption of resulting trust was not rebutted and the Property is held by the Defendant on trust for the Plaintiff.