5 Mar 2021
AU YEUNG PUI CHUN v. CHENG WING SANG
- Citation
- [2021] HKCFI 463
- Court
- Court of First Instance
- Case number
- HCA2434/2015
The plaintiff failed to prove on the balance of probabilities that she was the sole beneficial owner from 1975; the court found neither party discharged their respective burdens to establish the key factual allegations (no reliable evidence of an express 1999 consensus that assignees were mere nominees; no reliable evidence of an express conditional October 2008 escrow/agreement). The 1999 transfers were arranged to address La Verna's indebtedness and, on the evidence and given the limited rebuttal of the presumption of advancement, there was scope to infer the defendant obtained a beneficial…