28 Apr 2023
CHOW KWUN CHUNG (in his personal capacity, and as the sole executor of the estate of LEUNG KING, deceased) v. LEUNG YI SZE AND ANOTHER
- Citation
- [2023] HKDC 528
- Court
- District Court
- Case number
- DCCJ2577/2018
The court found no common intention constructive trust or resulting trust because the evidence established the Deceased intended to bequeath the Flat to the 1st Defendant on her death (2002 Will) and the 1st Defendant failed to prove contribution to the whole purchase consideration; the adverse possession claim failed because although the 1st Defendant subjectively regarded himself as owner, he did not demonstrate outward manifestations of exclusive possession to the world at large; accordingly the plaintiff succeeds and is entitled to vacant possession, mesne profits and costs.