5 Sept 2023
NG YIU CHU administratrix of the Estate of CHENG HAN CHI v. CHENG LUNG YAU
- Citation
- [2023] HKDC 1240
- Court
- District Court
- Case number
- DCMP1406/2022
The court found the constructive trust allegation inherently incredible on objective facts (timing of transfers, long silence, lack of demand or actions by alleged beneficiary), concluded the plaintiff/estate has standing, and held the defendant failed to demonstrate ‘very great hardship’; therefore a sale order under section 6 should be granted, with procedural directions to submit a revised draft order and valuation evidence.