WML v. LCK

WML v. LCK

The appeal was allowed because the trial judge denied the husband a fair hearing by refusing reasonable requests for a short adjournment to obtain legal representation; additionally the judge erred in law by treating the presumption of advancement as the starting point rather than properly testing for common...

Source-derived case information.

Citation
WML v. LCK
Parties
Petitioner: WML; Respondent: LCK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2015
Case Number
HCMP3011/2014
Procedural Posture
Civil Appeal (ancillary Relief — Matrimonial) / Court of Appeal Judgment; Retrial Ordered
Outcome
Appeal allowed; judgment below set aside; retrial ordered; no order on wife's leave application out of time
Legal Topics
Ancillary Relief, Beneficial Ownership, Presumption of Advancement, Constructive Trust, Fair Hearing, Adjournment, Retrial, Child Maintenance
Source Language
en
Family Law Trusts and Equitable Remedies Property Law Constitutional Law Civil Procedure Ancillary Relief Beneficial Ownership Presumption of Advancement +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

WML

Petitioner

LCK

Respondent

Procedural Posture

Civil Appeal (ancillary Relief — Matrimonial) / Court of Appeal Judgment; Retrial Ordered

Legal Issues

  1. 1 Whether the husband was the beneficial owner of the assets or held them on trust for his father
  2. 2 Whether the trial judge denied the husband a fair hearing by refusing a short adjournment to obtain legal representation
  3. 3 Whether the presumption of advancement or common intention constructive trust governs the inquiry

Ratio Decidendi

The appeal was allowed because the trial judge denied the husband a fair hearing by refusing reasonable requests for a short adjournment to obtain legal representation; additionally the judge erred in law by treating the presumption of advancement as the starting point rather than properly testing for common intention constructive trust; the lower court's finding on beneficial ownership was set aside and a retrial was ordered.

Court Disposition

Appeal allowed; judgment below set aside; retrial ordered; no order on wife's leave application out of time

Orders

  • Judgment of Deputy District Court Judge Simon Lo set aside
  • Retrial ordered