8 Mar 2024
SO MAN AND ANOTHER v. NG KWOK CHING (also known as DICKSON NG, also known as NG KWOK CHING DICKSON and also known as DICKSON NG KWOK CHING) AND ANOTHER
- Citation
- [2024] HKCFI 687
- Court
- Court of First Instance
- Case number
- HCA624/2021
On the balance of probabilities the court accepted the plaintiffs' case: there was a common intention that Leo and So Man would beneficially own the Flat in equal shares, supported by contemporaneous declarations (1995/1996), the transfer of HK$2.4m by Leo, long exclusive occupation and payment of outgoings by Leo and So Man; accordingly a common intention constructive trust (and alternatively a resulting trust) was constituted so Dickson holds his legal title on trust for Leo and has no beneficial interest; therefore the charging order against Dickson's interest must be discharged and Chiu's…
- Common intention constructive trust
- Resulting trust
- Charging order
- Order for sale
- Partition ordinance locus and procedure
- Limitation of recovery of interest