23 May 2022
LAI LAP KEE AND ANOTHER v. LAI JIN TONG AND ANOTHER
- Citation
- [2022] HKCFI 1476
- Court
- Court of First Instance
- Case number
- HCA295/2016
The court accepted contemporaneous documentary evidence (Father's Diaries, bank statements, mortgage offer, re-mortgage behaviour) and reliable witness testimony (Tong, Ngai, Isabel, Ming) over Kee and Seto's inconsistent evidence, holding that Tong is legal and beneficial owner of the first floor and that Tong and Kee are equal beneficial owners of the ground floor; mesne profits awarded for occupation of the first floor for the six-year limitation period and ongoing monthly sums until delivery of possession, while mesne profits for the ground floor were dismissed for lack of ouster.