21 Jan 2014
COOK YIN PING v. ARTHUR MO WAN CHEUNG AND OTHERS
- Citation
- COOK YIN PING v. ARTHUR MO WAN CHEUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2436/2011
On the undisputed surrounding circumstances and admissible extrinsic evidence the testator intended the Matrimonial Home to be given to his wife absolutely; clause 4 is ambiguous in context and s23B permits extrinsic evidence; Guideson/Shiftgain were mere vehicles and Philip was sole ultimate beneficial owner, so clause 4 must be construed to pass the Matrimonial Home (by transfer of the relevant company shareholding and the shareholder's loan) to the plaintiff. Re Lewis is distinguishable on the facts.