27 Apr 2023
LAU WAI KEI v. YIU SZE WAN
- Citation
- [2023] HKDC 637
- Court
- District Court
- Case number
- DCCJ3190/2021
On the admitted facts the plaintiff paid the purchase price, mortgage and outgoings, occupied the property exclusively and relied on the parties' common intention that he become sole beneficial owner; it would be unconscionable for the defendant to deny that interest; therefore a declaration of trust and an order for transfer at nil consideration were proper on default judgment, with power to the plaintiff's solicitor to effect transfer if defendant fails to execute within 21 days.