21 Aug 2009
BANCO DE ORO UNIBANK, INC. formerly known as BANCO DE ORO-EPCI, INC. v. THE PERSONAL REPRESENTATIVES OF THE ESTATE OF LAM SAI WING, DECEASED AND ANOTHER
- Citation
- BANCO DE ORO UNIBANK, INC. formerly known as BANCO DE ORO-EPCI, INC. v. THE PERSONAL REPRESENTATIVES OF THE ESTATE OF LAM SAI WING, DECEASED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2272/2008
The appeal was allowed because the 2nd defendant raised arguable, triable issues of actual undue influence and it was at least arguable that the bank had actual or constructive notice (put on inquiry) given the operational facts of the joint account (only the husband operated the account and the bank dealt only with him); those issues made summary judgment inappropriate, so the Master's orders were set aside and unconditional leave to defend was granted.