Hongbin Liu, brother of millionaire Hongtao Liu, gives evidence in trial to determine control of $50 million global business empire

The brother of dead businessman Hongtao Liu has told a court his $50 million estate should go to their mother – and has denied accusations he wants it for himself.

Junying Yan, mother of Hongtao Liu and Hongbin Liu, outside court. Picture: NCA NewsWire / Brenton Edwards.

A millionaire who died without a will intended to return to China to care for his mother, his brother has told a court – while also denying he is seeking to claim the $50 million empire.

Hongbin Liu has given evidence in the Supreme Court trial that will determine control of the estate left behind by his younger brother, Hongtao Liu.

When challenged in cross-examination he became extremely emotional, insisting Mr Liu spoke “quite often” about returning to their homeland.

“There is a Chinese tradition that, no matter how high the tree leaves go up, they will fall on the ground,” he said.

“My brother was a very traditional Chinese man, and a Chinese man has to be filial … so long as mum was at home, he would surely come back to look after her.”

Asked if he would like a moment to compose himself, he replied: “Yes, give me a minute to cool down.”

Mr Liu died in November 2018 without a will – Ms Kong wants his estate awarded to her and the couple’s children, as per Australian law, because they became citizens in 2016.

Xianting Kong, left, wife of businessman Hongtao Liu. Picture: NCA NewsWire / Brenton Edwards.

However his mother, Junying Yan, claims Mr Liu intended to return to China, and therefore that country’s law – under which she will inherit the estate – should be followed.

Previously, the court has heard claims Mr Liu said his brother was “full of s---” and feared that, should he die, Hongbin would “bully” his wife and children.

It has also heard claims Ms Yan, preferring her elder son, drove Mr Liu out of their home at the age of 12 – he then sold watermelons on the street.

Under cross-examination, Simon Ower QC, for Ms Kong, suggested Ms Yan had already been awarded $4.3 million of Mr Liu’s estate by the Chinese courts through four lawsuits.

Hongbin Liu confirmed that was the case, and also conceded he was instructing the solicitors in those lawsuits “on behalf of my mother”.

Mr Ower suggested Hongbin Liu was seeking the estate for himself.

“I suggest that the evidence you have given is designed to convince this court that your brother intended to return to China,” he said.

“You have tailored your evidence to achieve that end.”

Hongbin Liu rejected that suggestion as “impossible”.

“All I have said is true … I believe everyone in court right now, as well as the judge, will believe what I’ve said is true,” he said.

The trial, before Justice Tim Stanley, continues.