7 Jun 2021
CHEN YUET WA EVA v. CHAN HO HEI
- Citation
- [2021] HKDC 665
- Court
- District Court
- Case number
- DCCJ5081/2020
On the face of the pleaded facts the plaintiff established both a common intention constructive trust and a resulting trust: she funded the purchase and all mortgage repayments, occupied the Property exclusively, and the defendant never resided there; these facts demonstrate detrimental reliance and make it unconscionable for the defendant to deny the plaintiff's beneficial interest. Given due service, the absence of any contest, the existence of evidence filed in interlocutory proceedings, and the plaintiff's genuine need and prejudice, the court exercised its discretion to grant declaratory…