6 Jun 2016
FUNG OI HA v. FUNG PUI ON AND ANOTHER
- Citation
- FUNG OI HA v. FUNG PUI ON AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA17/2012
The court rejected plaintiff's factual case of a loan from grandmother and significant contribution by plaintiff, finding her evidence unreliable; accordingly no constructive trust, resulting trust or proprietary estoppel arose. The 2011 Assignment was set aside for incapacity in October 2011 but the 2005 Assignment was valid because medical and contemporaneous evidence established father had requisite capacity on 13 August 2005; therefore the property vested in defendant by survivorship. Defendant entitled to possession and damages; plaintiff's remaining claims dismissed.