13 Sept 2024
栢嘉企業有限公司 對 謝悅陶
- Citation
- [2024] HKDC 1511
- Court
- District Court
- Case number
- DCCJ5138/2020
On the balance of probabilities the court accepted the defendant's account: a three‑party oral agreement was reached in 2004, the defendant (through her mother) delivered HK$259,500 toward acquisition and the defendant and Zhang made regular monthly contributions; those facts established a common intention constructive trust in favour of the defendant for a 25% beneficial interest and entitlement to quiet possession; accordingly plaintiff's claim for possession and mesne profits was dismissed and the defendant's amended counterclaim succeeded.