23 Mar 2001
THE CHINA & SOUTH SEA BANK, LTD. v. MA KOON AH AND ANOTHER
- Citation
- THE CHINA & SOUTH SEA BANK, LTD. v. MA KOON AH AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP3000/1994
The court found on the evidence that the 2nd Defendant contributed the overwhelming share of the purchase and redemption payments and thus holds a 90% beneficial interest under a presumed resulting trust; her occupation at the time the mortgage was created constituted constructive notice to the Plaintiff and imposed a duty to inquire, and the Plaintiff failed to rebut constructive notice, therefore the legal charge of 7 December 1990 must be restricted to the 1st Defendant's 10% share.