31 May 2023
LIU HAO TSING EDUCATION FOUNDATION LTD AND ANOTHER v. LIU TIEH CHING BRANDON (also known as LAU TIT SHING)
- Citation
- [2023] HKCFI 1463
- Court
- Court of First Instance
- Case number
- HCA931/2019
The proposed contractual amendments were impermissible because they advance a factual narrative (contractual intention) that is mutually exclusive with the pleaded case of a conditional gift and concern matters plainly within the plaintiffs' knowledge so cannot be pleaded as inconsistent alternatives; the withdrawal-of-admission argument failed because no admission to the defendant's case had been made; the restitutionary constructive trust claim pleaded as a response is time-barred as it accrued in or before 2014 and the plaintiffs failed to discharge the burden to negate a reasonably arguab…