22 May 2025
TSANG TAI TAI IVY, the administratrix of the estate of WU TAI WAI, deceased v. WU MING TAT AND OTHERS
- Citation
- [2025] HKCFI 2057
- Court
- Court of First Instance
- Case number
- HCA371/2022
The Court held that as a matter of law the late David Wu’s succession right was extinguished under Chinese customary law on his death and his estate never had a right to succeed; the Plaintiff did not prove she signed under a relevant mistake (she was in doubt and had assumed the risk); the pleaded constructive trust is a category 2 remedial trust and the cause of action accrued by 31 December 1998 at the latest so the claim is time barred; accordingly the Plaintiff’s claims against the 2nd Defendant are dismissed.