20 Dec 2024
梁少芬 對 梁啓樂
- Citation
- [2024] HKDC 2131
- Court
- District Court
- Case number
- DCCJ1276/2023
On the proved facts—plaintiff provided the purchase monies and all outgoings, retained the title deeds and treated the property as her own—the court inferred a common intention that the plaintiff was the beneficial owner; accordingly a constructive trust arose and the plaintiff is declared sole beneficial owner from the date the defendant was registered (18 June 2007); the court may order the defendant to use reasonable efforts to obtain vendor consent under clause 32 and, upon such consent, to transfer the property gratuitously and bear related costs.