plaintiff:
  - LAI SAU KING

defendant:
  - LAM CHARP FAT

case_reason: Property dispute arising from former cohabitation involving claims for resulting trust over shop and flat, money lent, and damages for breach of loan agreement

judgment_summary: |
  This action arose from the former cohabitation between the parties. The plaintiff claimed: (1) 50% beneficial interest in Shop 6, Ground Floor, Jing Ying Building, Yuen Long based on contribution; (2) sole beneficial ownership of Flat A, 1st Floor, Shiu Yat House, On Lok Road, Yuen Long; (3) $50,000 as money lent; and (4) $75,262.07 damages for breach of loan agreement. The court found the defendant's credibility destroyed by photographic evidence proving earlier cohabitation than claimed. Despite concerns about the plaintiff's bankruptcy history and lack of documentation, the court accepted her account. Judgment granted the plaintiff sole beneficial ownership of the flat, proportionate beneficial interest in the shop based on her financial contribution, repayment of $50,000 loan, and $75,262.07 damages. The court also ordered payment of the plaintiff's share of rental income from the shop from September 1987 onwards.

jurisdiction_code: HKCFI

jurisdiction_name: High Court of the First Instance

case_location: Hong Kong

case_object:
  - Shop 6, Ground Floor, Jing Ying Building, Yuen Long
  - Flat A, 1st Floor, Shiu Yat House, On Lok Road, Yuen Long

judgment_result:
  - claim: Declaration that shop held on resulting trust for plaintiff to extent of 50%
    established: Partially - beneficial interest limited to financial contribution percentage to be ascertained
  - claim: Declaration that plaintiff is sole beneficial owner of flat
    established: Yes
  - claim: $50,000 as money lent
    established: Yes
  - claim: $75,262.07 damages for breach of loan agreement
    established: Yes
  - claim: Share of rental income from shop from August 1987
    established: Yes - from September 1987 onwards

involved_entities:
  - entity_name: LAI SAU KING
    reason: Plaintiff claiming beneficial interests in properties and money owed
  - entity_name: LAM CHARP FAT
    reason: Defendant holding legal title to disputed properties
  - entity_name: Kwang Tung Provincial Bank
    reason: Bank that provided $200,000 loan secured by mortgage on the flat
  - entity_name: Yeung Kam Sing
    reason: First tenant of the shop, witness for plaintiff
  - entity_name: Madam Yeung Wan Hen (PW2)
    reason: Witness who testified about plaintiff and defendant's relationship in 1978
  - entity_name: Wong Kwai Hing
    reason: Witness regarding passbook incident in December 1989
  - entity_name: Lam Bo
    reason: Defendant's younger brother, witness for defendant
  - entity_name: Leung Kwok Choi
    reason: Former chef at Sam Sing Restaurant, witness for defendant
  - entity_name: Defendant's mother
    reason: Witness for defendant, claimed to have funded property purchases
  - entity_name: Lam Yuk Wah
    reason: Defendant's sister, witness for defendant
  - entity_name: Lam Chak Tai
    reason: Defendant's elder brother, did not testify despite being in Hong Kong
  - entity_name: Mr. Ottens
    reason: Plaintiff's former husband
  - entity_name: Wai Chi
    reason: Plaintiff's son from previous marriage
  - entity_name: Sam Sing Restaurant
    reason: Defendant's restaurant in Amsterdam where parties met and cohabited
  - entity_name: Hong Kong Restaurant
    reason: Plaintiff's restaurant in Holland
  - entity_name: Mr. Justice Barnett
    reason: Judge presiding over the case
  - entity_name: Mr. J. Poon
    reason: Counsel for plaintiff
  - entity_name: Mr. C.Y. Li
    reason: Counsel for defendant
