FU LAM LAM v. FU TING TING

FU LAM LAM v. FU TING TING

The application for leave to appeal is dismissed because the trial judge's factual finding that a post-acquisition common intention (by express discussion) altered beneficial shares to 79.6%/20.4% was open on the evidence, not palpably wrong, and the proposed appeal lacks a reasonable prospect of success; the related application for a stay is dismissed.

Citation
[2025] HKDC 1383
Parties
Plaintiff: Fu Lam Lam; Defendant: Fu Ting Ting
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 August 2025
Case Number
DCMP3116/2021
Procedural Posture
Partition Ordinance; Common Intention Constructive Trust Dispute Over Beneficial Ownership / Application for Leave to Appeal (post Judgment, Paper Disposal)
Outcome
Summons dismissed; leave to appeal refused; application for stay of execution dismissed; costs awarded to Defendant with Certificate for Counsel.
Legal Topics
Common Intention Constructive Trust, Post Acquisition Change of Beneficial Ownership, Partition, Leave to Appeal, Stay of Execution, Credibility of Witnesses
Source Language
EN
Property Trusts and Equity Civil Procedure Appeal Common Intention Constructive Trust Post Acquisition Change of Beneficial Ownership Partition Leave to Appeal +2 more

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Parties

Fu Lam Lam

Plaintiff

Fu Ting Ting

Defendant

Procedural Posture

Partition Ordinance; Common Intention Constructive Trust Dispute Over Beneficial Ownership / Application for Leave to Appeal (post Judgment, Paper Disposal)

Legal Issues

  1. 1 Whether leave to appeal should be granted under s63(2) District Court Ordinance (reasonable prospect of success or interests of justice)
  2. 2 Whether there was an express or inferred post-acquisition common intention to alter beneficial shares
  3. 3 Whether the trial judge erred in assessing credibility and discrepancies in evidence

Ratio Decidendi

The application for leave to appeal is dismissed because the trial judge's factual finding that a post-acquisition common intention (by express discussion) altered beneficial shares to 79.6%/20.4% was open on the evidence, not palpably wrong, and the proposed appeal lacks a reasonable prospect of success; the related application for a stay is dismissed.

Court Disposition

Summons dismissed; leave to appeal refused; application for stay of execution dismissed; costs awarded to Defendant with Certificate for Counsel.

Orders

  • Summons dated 16 April 2025 dismissed with costs to the Defendant, with Certificate for Counsel
  • Application for stay of execution pending appeal dismissed