27 Aug 2025
TAM YIM YEE v. TAM LUEN FAT DICKY
- Citation
- [2025] HKDC 1451
- Court
- District Court
- Case number
- DCMP317/2022
The Defendant failed to discharge the burden of proving a common intention constructive trust; contemporaneous records (notably the 2002 memorandum), the Plaintiff’s initial payment and co‑borrower liability for the mortgage, and the parties’ conduct support that both were equal beneficial owners as tenants‑in‑common. The Defendant failed to show that sale would cause very great hardship. Consequently an order for sale under s6 PO was granted and net proceeds to be shared equally.