9 Jul 2018
LO MAN YAU v. CHIU SUNG FAI AND ANOTHER
- Citation
- [2018] HKCA 387
- Court
- Court of Appeal
- Case number
- CACV198/2017
The Judge erred as a matter of law by applying the non-corporate presumption of resulting trust rather than the corporate starting point that both legal and beneficial title vest in the company and the shareholder must rebut that inference; because the Judge did not assess whether the 1st defendant rebutted the corporate inference concerning intention at acquisition the judgment and costs order were set aside and the issue of whether a resulting trust arose is remitted for retrial.