29 Feb 2016
CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER
- Citation
- CHEN TEK YEE AND OTHERS v. CHAN MOON SHING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV136/2015
The Court of Appeal held the judge was entitled to find that the Deceased had given a contractual licence and that the purchaser (2nd defendant), who bought a half-share at a substantially reduced reserve price with knowledge of the licence and related writ, assumed a new obligation such that his conscience was affected; equity therefore imposed a constructive trust binding him and the plaintiffs were entitled to sole and exclusive occupation of the Property during their respective lifetimes.