18 Apr 2000
CHINA WEAL LTD. v. LAM SAU WAH
- Citation
- CHINA WEAL LTD. v. LAM SAU WAH
- Court
- Court of First Instance
- Case number
- HCA12281/1997
The judge found the plaintiff's account not credible on the balance of probabilities: absence of any accounting entry or documentary step showing a company beneficial interest, documentary note 'charge to my account', lack of protective measures, and the defendant's conduct of ownership supported that no resulting trust arose; payments constituted repayment of a loan to Deng and the defendant had the beneficial interest; accordingly the plaintiff's claim failed and the defendant succeeded on her counterclaim.