17 Jul 2020
DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERSDARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS
- Citation
- [2020] HKCA 591
- Court
- Court of Appeal
- Case number
- CACV157/2017
Court of Appeal upheld the Judge's core findings: Rhind J's 1985 declaration was directed at nullifying Lee Ng's entitlement in respect of the Derby Road property and did not void the whole 1956 Deed or the 1957 Agreement; objective contemporaneous facts and conduct supported an inference that prior distributions under the two documents occurred to the exclusion of the 3rd son; the evidential burden lay on challengers to rebut that inference; given the age of the events and evidential difficulties, an Order 85 summary disposal was appropriate; interim sums received by the 3rd son/estate total…