16 Jul 2024
WONG PUI CHIU v. WONG MAN LUNG AND ANOTHER
- Citation
- [2024] HKDC 1127
- Court
- District Court
- Case number
- DCCJ4065/2023
On the pleaded facts the elements of a common intention constructive trust were established: plaintiff alleged an agreed nominee arrangement and provided detailed pleaded particulars of payments and reliance; both defendants acknowledged service and did not contest; no material evidence of third-party creditors or charges affecting the Property was shown; in the court's discretion it was appropriate to grant declaratory and consequential proprietary relief under Order 19 r 7 to protect plaintiff's interest, and to order transfer within a fixed period.