19 Nov 2020
FANG QI v. LUO GUIYING
- Citation
- [2020] HKCFI 2942
- Court
- Court of First Instance
- Case number
- HCA770/2019
The court held that it was not arguable that Zhang had a beneficial interest because evidence established a common intention that the Property was a gift to Fang (as reflected in the DOT) so no resulting trust in Zhang arose; further, even assuming Fang had a beneficial interest under the DOT, it was unregistered and would not bind the plaintiff mortgagee, who was a subsequent bona fide mortgagee for value under LRO s.3(2); accordingly both preliminary questions answered 'No' and possession was granted to the plaintiff.