16 Jun 2008
LUO XING JUAN ANGELA v. THE ESTATE OF HUI SHUI SEE, WILLY DECEASED AND OTHERS
- Citation
- LUO XING JUAN ANGELA v. THE ESTATE OF HUI SHUI SEE, WILLY DECEASED AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV32/2007
A constructive trust could not be imposed on property legally vested in a company merely because individual shareholders had a common intention between themselves; however the deceased's clear assurance and the respondent's reliance created a personal equity by promissory estoppel obliging the estate (as successor to the promisor) to ensure the respondent receives the substance of a 35% entitlement on sale and undisturbed occupation pending sale; consequently the appeal was dismissed, the winding up order affirmed, and the court ordered a declaration that the respondent is entitled to 35% of…