22 Nov 2019
CHEUNG WAI LEUNG v. SIEN YOUI CHONG WILLIAM, the executor of the estate of LOK PUI KEE BETTY, DECEASED
- Citation
- [2019] HKCA 1260
- Court
- Court of Appeal
- Case number
- CACV231/2016
The Court held the deputy judge's factual findings were not plainly wrong: the PoA was genuine and operated as a collateral agreement permitting respondent to seek re-assessment of premium thereby postponing completion; the decoration agreement and HK$1.38m advance were genuine loans repayable by appellant; appellant was not ready to complete because title was not proved in time; the Ladd v Marshall criteria for fresh evidence were not met and no exception applied; accordingly the deputy judge's orders including specific performance and repayment were affirmed and the appeal dismissed with co…