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Hong Kong

Big Island Construction (HK) Ltd v Wu Yi Development Co Ltd

(2015) 18 HKCFAR 364
JurisdictionHong Kong
Year2015
Statusunclear

Key Principle

Money advanced for a specific purpose may be held on a Quistclose trust where the parties intend that the funds be used only for that purpose and, if the purpose fails, returned to the lender. The trust arises from the parties' intention objectively ascertained from the circumstances of the advance.

Area of Law

Equity — Quistclose trusts — commercial trusts

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