5 Mar 2021
Plaintiff proved equal beneficial ownership; physical partition was impracticable; under Partition Ordinance s6 the court was satisfied sale was appropriate and therefore ordered sale of the Property with net proceeds to be equally distributed between the parties; costs awarded to plaintiff.
16 May 2019
Given the impracticability of partition and the breakdown in co-ownership, the court ordered sale under s6 Partition Ordinance; absent evidence of contrary intention, legal joint ownership gave rise to equal beneficial shares and net sale proceeds were to be distributed equally; defendant was found to have ousted plaintiff and was ordered to pay mesne profits of HKD 5,000 per month from 15 November 2015 until delivery of vacant possession.
24 Feb 2015
The presumption that equity follows the law applied to the jointly titled Hong Kong property; the defendant failed to rebut that presumption on the balance of probabilities. Credible factual findings established the plaintiff funded the down payment and contributed to mortgage repayments, the parties intended the property to be part of family assets, and there was no evidence of ouster or requisite intention to possess by the defendant to found adverse possession. Accordingly a common intention constructive trust arose giving each party an equal beneficial share.
19 Nov 2003
On the evidence the defendant failed to prove an express or resulting trust in his favour; the conduct and admissions (including participation in probate/letters of administration matters and the Lease) rebutted the presumption of resulting trust and demonstrated the donor intention — the court held Au Yat Kong had a 50% beneficial interest in both properties, ordered declaratory relief and an order for sale, awarded mesne profits for the lease period (HK$450,000) and dismissed the defendant's counterclaims for loans and possession.