18 Jul 2005
TING YUK HING v. XIAO ZHISEN
- Citation
- TING YUK HING v. XIAO ZHISEN
- Court
- Court of Appeal
- Case number
- CACV399/2004
The Court of Appeal held the Defendant had raised arguable triable issues supporting a defence of gift — based on relationship (possible presumption of advancement), prior wills, the Chinese document suggesting the price was not receivable, the Assignment's receipt acknowledgment juxtaposed with absence of payment, and the Plaintiff's delay in seeking payment — and therefore summary judgment was set aside and unconditional leave to defend granted.