23 Sept 2014
LO MAN KAM v. LAW MAN WAI
- Citation
- LO MAN KAM v. LAW MAN WAI
- Court
- Court of Appeal
- Case number
- CACV250/2013
Although the express trust failed for uncertainty and the gift was not legally perfected, the Court of Appeal held that estoppel by convention precluded Wai from denying that the monies (including the HK$8.3m used to purchase two properties) were gifts from the deceased intended to be shared with Kam; the Recorder’s factual findings as to the parties’ conduct and oral evidence were not plainly wrong and support the application of estoppel, so Sim’s title to the properties stands and Wai is estopped from asserting contrary rights.