31 Aug 2016
TAM YING MAN v. LEUNG KA CHUN AND OTHERS
- Citation
- TAM YING MAN v. LEUNG KA CHUN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2166/2011
Court found plaintiff voluntarily entrusted Wan with original documents and signed BR change forms, thereby creating apparent authority; D1 and subsequent purchaser D3 acquired the Right for value as bona fide purchasers without notice (or with only suspicion not rising to dishonesty/irrationality); equitable tracing could not defeat their title; plaintiff failed to prove forgery or fraud to the required standard and withheld documents, attracting an adverse inference; accordingly plaintiff's proprietary claim and contribution claim failed and judgment was entered for defendants.