27 May 2009
CHAN LAI FONG AND OTHERS v. CHAN KAM SHUN
- Citation
- CHAN LAI FONG AND OTHERS v. CHAN KAM SHUN
- Court
- District Court
- Case number
- DCCJ4572/2005
On the evidence there was no proved oral or implied agreement that extinguished the plaintiff's entitlement; defendants therefore had a duty to account and the limitation defence failed because the cause of action arose only when defendants repudiated their duty; on balance of probabilities the court accepted that Lai Fong provided substantial funds for development of House 22 and ordered a 50% beneficial interest in her favour (resulting trust/beneficial interest), and awarded judgment to Chan Kam Chuen for rental sums after appropriate deductions.