Read the full judgment text of CACV 151/2013 on BabelCite. This Court of Appeal judgment was delivered on 4 December 2014 before Hon Cheung, Yuen and Kwan JJA.
Civil Appeal – Ancillary Relief – Beneficial Ownership of Shares – Trust vs Gift – Standard of Review – Inconsistent Findings – Procedural Unfairness – Father transferred shares to daughter (wife) in divorce proceedings – Trial judge found shares were gift to wife, not held on trust – Appeal against finding of fact – Court of Appeal held judge's finding based on credibility and primary facts, not to be interfered with lightly – Estoppel finding obiter did not undermine gift finding – No procedural unfairness – Appeals dismissed.
Legal issues: Standard of Review on Fact Finding · Inconsistent Findings (Gift vs Sale) · Procedural Unfairness (Browne v Dunn)
Outcome: Appeals dismissed.
Cites 1 case