Kwok Lai Kwan Rosena v. Kwok Biu & Kwok Kin Chung  HKCFI 2540; HCA 1797/2016
Sep 2, 2022
Isaac recently represented the Plaintiff in obtaining a court declaration that she was the beneficial owner of the family home in question and that the Defendants (being the Plaintiff’s father and brother) were merely holding the said home on trust for her.
On paper, this was a typical common intention constructive trust case and was originally fixed for trial in April 2020. However, it was refixed due to the father’s alleged mental incapacitation. After much delay, eventually the Court ordered the Official Solicitor to act as guardian ad litem for him. The trial was then refixed to be heard in April 2022. However, shortly before the trial, the father passed away and the Plaintiff’s sister applied for legal aid which triggered a mandatory stay.
The trial was further refixed to August 2022, which by then the abovementioned legal aid application was refused. After the Plaintiff obtained an order to carry on the proceedings, the matter proceeded to trial in the absence of the defendants. Deputy High Court Judge Jason Pow SC granted judgment ex tempore in favour of the plaintiff afterwards.
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For ease of reference the case can be found here.