郭美霞 對 趙榕

郭美霞 對 趙榕

The appeal was dismissed because the trial judge correctly rejected the appellant's pleaded case that a two-party oral agreement created an equitable beneficial interest for the deceased (and thus for the appellant); the appellant attempted to advance materially different factual lines on appeal which were...

Source-derived case information.

Citation
[2022] HKCA 201
Parties
Plaintiff: KWOK MEI HA MAY; Defendant: CHIU YUNG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 February 2022
Case Number
CACV545/2020
Procedural Posture
Civil Appeal (possession/mesne Profits) / Court of Appeal Judgment
Outcome
Appeal dismissed; application to stay execution dismissed; costs awarded to respondent (plaintiff)
Legal Topics
Mesne Profits, Constructive Trust, Possession, Stay of Execution, Costs, Appeal/new Evidence
Source Language
ch
Property Law Trusts Land Registration Civil Procedure Mesne Profits Constructive Trust Possession Stay of Execution +2 more

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Parties

KWOK MEI HA MAY

Plaintiff

CHIU YUNG

Defendant

Procedural Posture

Civil Appeal (possession/mesne Profits) / Court of Appeal Judgment

  1. 1 Whether the deceased acquired an equitable beneficial interest in the property from the registered owner by oral agreement
  2. 2 Whether the appellant (defendant below) acquired an equitable interest from the deceased by common intention constructive trust
  3. 3 Whether the respondent (plaintiff) had constructive notice of any equitable interest

Ratio Decidendi

The appeal was dismissed because the trial judge correctly rejected the appellant's pleaded case that a two-party oral agreement created an equitable beneficial interest for the deceased (and thus for the appellant); the appellant attempted to advance materially different factual lines on appeal which were inadmissible; the appellant failed to discharge the evidential burden to prove a constructive trust and there was no error in finding no constructive notice that would defeat the registered transfer.

Court Disposition

Appeal dismissed; application to stay execution dismissed; costs awarded to respondent (plaintiff)

Orders

  • Appeal dismissed
  • Application for stay of execution dismissed