8 Jan 2019
MAN YUET FONG AND OTHERS v. MAN KAM CHEUNG RICHARD
- Citation
- [2019] HKCFI 89
- Court
- Court of First Instance
- Case number
- HCA761/2016
On the evidence the Fund was held and treated as part of Mother’s assets for the benefit of the four siblings; the Defendant failed to prove that the Fund derived entirely from rental income payable to him and his contemporaneous conduct and lack of documentary assertion of title undermined his credibility; the Defendant’s transfer of the Fund without consent amounted to a breach of duty as co-trustee and the Plaintiffs are entitled to restitution of one quarter each plus interest and costs (with laches as a potential alternative bar to Defendant’s claim).