Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tax refund recovery
  • 11 Aug 2009

    CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR

    Citation
    CHEUNG MAN KWONG THOMAS v. MOK CHUN BOR
    Court
    District Court
    Case number
    DCCJ2133/2007

    On the balance of probabilities the Court found that the contemporaneous financial statements, tax returns, documentary evidence and credible witness testimony established that Ocean carried on the Plaintiff's consultancy business, that Madam Lin held Ocean and its assets on trust for the Plaintiff, that Madam Lin executed an express undertaking in March 2000 to transfer any IRD tax refund to the Plaintiff, and that Mr. Mok knew of and agreed to that transfer; thus the Refund was trust property and Mr. Mok was a knowing recipient and liable as constructive trustee and ordered to pay the full…