CHEUNG HON HUNG v. SIU WAI CHUN

CHEUNG HON HUNG v. SIU WAI CHUN

On the evidence the plaintiff failed to prove he provided the purchase money or intended a beneficial interest; contemporaneous documents and witness credibility establish that deposits, mortgage repayments and redemption funds came from the defendant and her family; accordingly no resulting trust, no common intention constructive trust and no remedial constructive trust arose; plaintiff's claim dismissed and costs awarded to defendant.

Citation
CHEUNG HON HUNG v. SIU WAI CHUN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 August 2014
Case Number
DCCJ874/2012
Procedural Posture
Civil Property/trust Dispute / Trial Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Resulting Trust, Common Intention Constructive Trust, Remedial Constructive Trust, Unconscionability, Beneficial Ownership, Burden of Proof, Costs
Source Language
EN
Trusts Property Equity Family/cohabitation Civil Procedure Resulting Trust Common Intention Constructive Trust Remedial Constructive Trust +4 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Property/trust Dispute / Trial Judgment

Legal Issues

  1. 1 Whether a resulting trust arises in favour of the plaintiff
  2. 2 Whether a common intention constructive trust arises in favour of the plaintiff or a quantifiable share
  3. 3 Whether a remedial constructive trust arises from unconscionable conduct in favour of the plaintiff

Ratio Decidendi

On the evidence the plaintiff failed to prove he provided the purchase money or intended a beneficial interest; contemporaneous documents and witness credibility establish that deposits, mortgage repayments and redemption funds came from the defendant and her family; accordingly no resulting trust, no common intention constructive trust and no remedial constructive trust arose; plaintiff's claim dismissed and costs awarded to defendant.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Claim dismissed
  • Costs nisi: plaintiff to pay defendant's costs of the action to be taxed if not agreed, with certificate for counsel