19 Dec 2016
IP FUNG KUEN v. SAM KEE FROZEN MEAT CO LTD AND OTHERS
- Citation
- IP FUNG KUEN v. SAM KEE FROZEN MEAT CO LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV107/2016
The Court of Appeal upheld the trial judge's factual findings that the Letter of Ownership, signed by all directors, reflected the common intention and created an express trust or, alternatively, a common intention constructive trust in favour of the plaintiff from 8 November 2004; there was no pleaded or evidential basis to treat the mortgage advance or later payments as creating a beneficial interest for D2 or to disturb the judge's findings, and the appeal was therefore dismissed with costs.