Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mckenzie friend / right of audience
  • 6 Mar 2024

    沈玉麟 對 冠益國際有限公司

    Citation
    [2024] HKDC 307
    Court
    District Court
    Case number
    DCCJ5345/2019

    On the evidence, the presumption of a resulting trust was rebutted by evidence of an intention to gift: after the 1991 purchase the parties were co‑owners so beneficial ownership remained joint; after the 2010 transfer the plaintiff's words, subsequent conduct and use of the property for the son's business financing established that the plaintiff intended to vest beneficial ownership in the son/company so the defendant company holds the beneficial interest; the son's late, unsupported application to conduct advocacy was refused and only permission to act as a McKenzie friend was granted.