5 Oct 2021
WONG YUK KUN v. WONG YUK WAN AND ANOTHER
- Citation
- [2021] HKDC 1197
- Court
- District Court
- Case number
- DCCJ4846/2016
On the balance of probabilities the court found the $700,000 was an investment by the 2nd Defendant (not a personal loan), the 1st Defendant did not contribute the alleged $100,000, and the 1st Defendant was registered to reflect D2's investment and to facilitate mortgage; accordingly the presumption of resulting trust applies and is not rebutted for sole ownership by the Plaintiff; the Property is held on trust for Plaintiff and 2nd Defendant in proportion to their contributions (68.56% Plaintiff; 31.44% 2nd Defendant); there was no basis for occupation rent because there was no ouster or op…