18 Mar 2010
CHEERBOND DEVELOPMENT LTD v. TUNG KWOK YU
- Citation
- CHEERBOND DEVELOPMENT LTD v. TUNG KWOK YU
- Court
- Court of Appeal
- Case number
- CACV238/2009
The appeal was dismissed because the Court found the illegal purpose to defraud creditors had not been implemented (the banks were not deceived by the mortgages), the presumption of advancement was rebutted on the evidence, and therefore the defendant held a beneficial interest under a resulting trust and was entitled to possession.