Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pleading amendment/debarment
  • 20 Feb 2019

    CHOI YUK YING v. NG NGOK CHUEN

    Citation
    [2019] HKCA 171
    Court
    Court of Appeal
    Case number
    CACV39/2018

    The Court upheld the trial judge's factual finding that there was no evidence the Father imposed a legal life interest in rental income; the revocable powers of attorney were inconsistent on their face with an enforceable life interest or equitable assignment; the Mother failed to prove consideration or a legal transfer of future rents; the judge properly refused leave to amend to plead a constructive trust as the cause was not obvious from the pleadings; the copying of respondent's submissions did not displace the presumption of judicial independence given the judge's independent findings on…