楊靜儀 對 李耀堃

楊靜儀 對 李耀堃

Leave to appeal refused because the plaintiff offered no realistic prospect of success: the judge correctly found the defendant the sole beneficial owner absent proven common intention to share; the presumption of advancement and the Gift Declaration supported a gift; plaintiff failed to rebut the presumption or...

Source-derived case information.

Citation
[2022] HKDC 293
Parties
Plaintiff: YEUNG CHING YEE VICKY; Defendant: LI YIU KWAN ERIC
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 April 2022
Case Number
DCCJ4008/2016
Procedural Posture
Civil Proprietary/trust Dispute / Application for Leave to Appeal (written Submissions); Application to Stay Judgment
Outcome
Summons for leave to appeal dismissed; application to stay judgment refused; costs ordered against plaintiff for the application
Legal Topics
Constructive Trust, Resulting Trust, Presumption of Advancement, Leave to Appeal, Stay of Judgment, Document Authentication and Evidence
Source Language
ch
Trusts Property Law Civil Procedure Appeals Constructive Trust Resulting Trust Presumption of Advancement Leave to Appeal +2 more

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Parties

YEUNG CHING YEE VICKY

Plaintiff

LI YIU KWAN ERIC

Defendant

Procedural Posture

Civil Proprietary/trust Dispute / Application for Leave to Appeal (written Submissions); Application to Stay Judgment

  1. 1 Whether a constructive trust arose based on a common intention to share beneficial ownership
  2. 2 Whether a resulting trust arises or is displaced by the presumption of advancement
  3. 3 Whether the Gift Declaration is genuine and its evidential weight

Ratio Decidendi

Leave to appeal refused because the plaintiff offered no realistic prospect of success: the judge correctly found the defendant the sole beneficial owner absent proven common intention to share; the presumption of advancement and the Gift Declaration supported a gift; plaintiff failed to rebut the presumption or show material error of law or fact warranting appellate intervention; no basis existed to stay the judgment pending criminal investigation.

Court Disposition

Summons for leave to appeal dismissed; application to stay judgment refused; costs ordered against plaintiff for the application

Orders

  • Summons dismissed and leave to appeal refused
  • Application to stay the judgment is refused