王錚 對 謝麗琼

王錚 對 謝麗琼

The trial judge’s factual findings and credibility assessments — specifically that the parties’ 2000 agreement permitted temporary occupation by the appellant and his daughter in return for appellant meeting mortgage and other payments, and that appellant did not thereby acquire any beneficial interest — were...

Source-derived case information.

Citation
王錚 對 謝麗琼
Parties
Appellant: WONG TSANG (王錚); Respondent: TSE LAI KING (謝麗琼)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 November 2017
Case Number
CAMP23/2017
Procedural Posture
Civil Appeal (application for Leave to Appeal From District Court) / Application for Leave to Appeal (refused by Court of Appeal)
Outcome
application for leave to appeal refused
Legal Topics
Beneficial Interest, Resulting Trust, Constructive Trust, Common Intention, Credibility of Witnesses, Leave to Appeal, District Court Jurisdiction
Source Language
ch
Property Equity Civil Procedure Beneficial Interest Resulting Trust Constructive Trust Common Intention Credibility of Witnesses +2 more

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Parties

WONG TSANG (王錚)

Appellant

TSE LAI KING (謝麗琼)

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal From District Court) / Application for Leave to Appeal (refused by Court of Appeal)

  1. 1 Whether appellant acquired a beneficial interest in the Home Ownership Scheme flat by virtue of mortgage payments
  2. 2 Whether the trial judge erred in her assessment of witness credibility and facts
  3. 3 Whether the legal test applied (resulting trust vs constructive/common intention trust) was incorrect

Ratio Decidendi

The trial judge’s factual findings and credibility assessments — specifically that the parties’ 2000 agreement permitted temporary occupation by the appellant and his daughter in return for appellant meeting mortgage and other payments, and that appellant did not thereby acquire any beneficial interest — were supported by adequate evidence and legal reasoning; payments alone do not automatically confer a beneficial interest absent a common intention established on a holistic assessment. The appellant failed to show a reasonable prospect of success required for leave under District Court Ordinance s63A(2), therefore leave to appeal is refused.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Pursuant to High Court Rules Order 59A r2A(8) no party shall seek to reargue this Court’s decision in an oral hearing