9 Mar 2022
LAI HON TIM v. LAI TSZ NANG WILSON
- Citation
- [2022] HKCA 382
- Court
- Court of Appeal
- Case number
- CACV637/2020
The trial judge’s findings that the plaintiff and his wife were credible on the essential point that the defendant’s name was added for mortgage purposes and that the defendant held no beneficial interest were supported by the evidence and inherent probabilities; those findings were not plainly wrong. Alternatively, even absent an express trust, a resulting trust arose because the plaintiff provided all purchase funds and repaid the mortgage. The appeal is therefore dismissed.