28 Mar 2012
TONG KA NIN v. TAM CHUN WAH AND ANOTHER
- Citation
- TONG KA NIN v. TAM CHUN WAH AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP912/2011
The court upheld the Master: the plaintiff adduced sufficient, uncontradicted contemporaneous payment records and affirmations to prove a post-acquisition common intention constructive trust; applying Chan Chui Mee the parties intended shares to be quantified later so the plaintiff's additional mortgage payments enlarged an indeterminate beneficial interest rather than effected dispositions; CPO s.5(2) preserves constructive trusts from the writing requirement; the 2nd defendant produced no positive contradictory evidence and fresh evidence was not admitted on appeal under Ladd v Marshall; ap…