6 Apr 2016
IP FUNG KUEN v. SAM KEE FROZEN MEAT CO LTD AND OTHERS
- Citation
- IP FUNG KUEN v. SAM KEE FROZEN MEAT CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1897/2009
On the balance of probabilities the court found the eight original cheques were security for loans advanced by P (total HK$1,030,000) and rejected the defendants' asserted family practice that cheques were mere receipts; the court found no reliable evidence of an oral Happy Valley Agreement imposing a condition precedent (transfer of South Horizon interest) before transfer, accepted the contemporaneous 'Letter of Ownership' signed by D2's directors as establishing an express trust (D2 held the Happy Valley Property on trust for P since completion 8 November 2004), dismissed the Debt Claim bas…