Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Resulting trust (alternative)

Legal area

Court

22 Jan 2025

LEE SHUNG KWAN v. CHAN SIU MUI

Citation

[2025] HKDC 62
Court

District Court
Case number

DCCJ4530/2021

The Plaintiff established a common intention before acquisition that beneficial interests would reflect actual contributions, he detrimentally relied on that intention by paying the deposit, repaying the mortgage and loan and meeting all outgoings while the Defendant made no contributions or assertion of beneficial interest; it is unconscionable for the Defendant to claim a beneficial interest; accordingly the Property is held on trust for the sole benefit of the Plaintiff and the Defendant must assign her legal title to the Plaintiff or the court may order vesting steps under s38A.
4 Jun 2015

CHUM MEI DIU v. SUM FAN HUNG

Citation

CHUM MEI DIU v. SUM FAN HUNG
Court

Court of First Instance
Case number

HCA946/2013

The court found on the balance of probabilities that the plaintiff clearly represented she could not and would not pay the mortgage and effectively offered to relinquish her beneficial interest; the defendant relied on that assurance and took over the mortgage payments and management from January 2001, thereby satisfying the elements of proprietary estoppel; accordingly the defendant became sole legal and beneficial owner from January 2001 and the plaintiff's claim failed.