NGAI PAK HANG v. 李丹閑 AND ANOTHER

NGAI PAK HANG v. 李丹閑 AND ANOTHER

The judge found as a fact that the defendant did not have and did not pay RMB800,000 to the Father and was an unreliable witness; therefore no resulting trust arose and the registered owner (plaintiff) was entitled to possession. The counterclaim failed and was dismissed.

Citation
NGAI PAK HANG v. 李丹閑 AND ANOTHER
Parties
Plaintiff: Plaintiff (registered owner); 1st Defendant: 1st named defendant (former wife of 2nd defendant); 2nd Defendant: 2nd named defendant (plaintiff's mother's second elder brother)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 March 2014
Case Number
DCCJ3988/2012
Procedural Posture
Civil Property/possession and Trust Claim / Judgment (trial Concluded)
Outcome
Judgment for the plaintiff; counterclaim dismissed.
Legal Topics
Possession, Licence to Occupy, Resulting Trust, Vacant Possession, Counterclaim
Source Language
EN
Property Law Trusts and Equity Landlord and Tenant Possession Licence to Occupy Resulting Trust Vacant Possession Counterclaim

Case Brief

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Parties

Plaintiff (registered owner)

Plaintiff

1st named defendant (former wife of 2nd defendant)

1st Defendant

2nd named defendant (plaintiff's mother's second elder brother)

2nd Defendant

Procedural Posture

Civil Property/possession and Trust Claim / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the defendant paid RMB800,000 to the Father as the purchase price for the Property in June 2001
  2. 2 Whether a licence to occupy was granted and its terms
  3. 3 Whether a resulting trust arose in favour of the defendant

Ratio Decidendi

The judge found as a fact that the defendant did not have and did not pay RMB800,000 to the Father and was an unreliable witness; therefore no resulting trust arose and the registered owner (plaintiff) was entitled to possession. The counterclaim failed and was dismissed.

Court Disposition

Judgment for the plaintiff; counterclaim dismissed.

Orders

  • 1st named defendant to give plaintiff possession of Flat A on 11th Floor of Block B, Chong Yip Centre, 12-21 Whitty Street, Hong Kong.
  • Costs to the plaintiff, to be taxed on party/party basis if not agreed.