22 Oct 2009
WU WAI SUM STELLA v. MAN TING CHU
- Citation
- WU WAI SUM STELLA v. MAN TING CHU
- Court
- District Court
- Case number
- DCCJ1742/2008
Court found on the balance of probabilities that Plaintiff paid the full purchase price and related costs for the property; Defendant held the 1st floor on trust for Plaintiff (resulting trust), and Plaintiff established her equitable title without relying on any illegality so the stamp‑duty avoidance nomination did not bar relief under the Tinsley principle; alternatively Plaintiff had acquired title by adverse possession/limitation after uninterrupted occupation since October 1995; accordingly judgment was entered for Plaintiff and the Defendant's counterclaim was dismissed.