31 Dec 2025
TSE MAN YIU AND OTHERS v. TSE MAN WAI AND ANOTHER
- Citation
- [2025] HKCFI 6485
- Court
- Court of First Instance
- Case number
- HCA2656/2018
Plaintiffs failed to prove on the balance of probabilities any common intention constructive trust as pleaded; contemporaneous bank records (HSBC passbooks) and other objective evidence showed defendant Wai bore the bulk of mortgage repayments and acted as guarantor; in absence of common intention the court applied the presumption of resulting trust and held Wai to be sole beneficial owner; Plaintiffs' claims dismissed and defendant awarded declaration and mesne profits.