LAM KA KUI v. CHOI YUEN LING

LAM KA KUI v. CHOI YUEN LING

On the balance of probabilities the court found a binding agreement/common intention on 3 November 2013 that the defendant's legal title was conditional on marriage and held on trust for the plaintiff; the plaintiff solely funded the purchase, the marriage did not occur by the agreed date and the defendant must transfer her title to the plaintiff.

Citation
[2020] HKCFI 2647
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2020
Case Number
HCA537/2017
Procedural Posture
Property Dispute Beneficial Ownership/constructive Trust / Judgment After Trial
Outcome
Plaintiff's claim allowed; counterclaim dismissed
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Cohabitation, Engagements to Marry (s23 Lar(o))
Source Language
EN
Property Law Trusts and Equity Family Law Conveyancing Constructive Trust Resulting Trust Beneficial Ownership Cohabitation +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Property Dispute Beneficial Ownership/constructive Trust / Judgment After Trial

Legal Issues

  1. 1 Whether a binding agreement or common intention existed that the defendant would hold her legal title on trust for the plaintiff pending marriage
  2. 2 Whether the defendant received the 50% legal title as an outright gift
  3. 3 Whether a resulting trust arises from the plaintiff's sole funding of the purchase

Ratio Decidendi

On the balance of probabilities the court found a binding agreement/common intention on 3 November 2013 that the defendant's legal title was conditional on marriage and held on trust for the plaintiff; the plaintiff solely funded the purchase, the marriage did not occur by the agreed date and the defendant must transfer her title to the plaintiff.

Court Disposition

Plaintiff's claim allowed; counterclaim dismissed

Orders

  • Declaration that the defendant holds title in the TM Property on trust for the plaintiff
  • Order that the defendant forthwith transfer her title in the TM Property to the plaintiff