Read the full judgment text of HCMP 543/2012 on BabelCite. This High Court CFI judgment was delivered on 6 June 2012 before Deputy High Court Judge Au-Yeung.
Vendor and purchaser summons – good title – breach of trust – self-dealing rule – constructive notice – sham transaction – Originating Summons dismissed – Costs to defendant – Property sold by husband below acquisition price and repurchased via trust – Husband infringed self-dealing rule – Plaintiffs had constructive notice of wife's interest through land search – Title defective – Wife may have claim on property – No limitation period to govern recovery – Court will not force doubtful title on purchaser – Costs summarily assessed at $33,000
Legal issues: Whether plaintiffs proved good title · Whether plaintiffs had constructive notice
Outcome: Originating Summons dismissed.