23 Jul 2025
LEUNG YEE SHAN AND OTHERS v. LEUNG KIN WING
- Citation
- [2025] HKDC 1208
- Court
- District Court
- Case number
- DCCJ1693/2025
On the pleadings alone the plaintiffs established the elements of a common intention constructive trust and, alternatively, a resulting trust based on their pleaded contributions and the oral agreement; the defendant's failure to defend amounted to implied admission of pleaded facts and, given the real risk of prejudice to plaintiffs, the court exercised its discretion to grant the declaratory relief and a vesting order under s45(g) Trustee Ordinance and related execution powers under s38A District Court Ordinance.