30 Sept 2015
CHAN YAU WING v. CHAN YAU HING
- Citation
- CHAN YAU WING v. CHAN YAU HING
- Court
- District Court
- Case number
- DCMP600/2013
The assignment did not contain an express declaration of trust as to beneficial interests so the doctrine of constructive trust applies; the court found a post-acquisition common intention to change interests but could not infer exact shares from conduct and therefore imputed a fair division based on the whole course of dealing and contributions; having weighed factors the court apportioned beneficial interests 75% to plaintiff and 25% to defendant and ordered the sale proceeds to be distributed accordingly; cost order nisi of no order as to costs (14 days to apply to vary).