Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Common intention/constructive trust

Legal area

Court

12 Nov 2024

陳頌恩對陳瑞芳及另一人

Citation

[2024] HKCA 1036
Court

Court of Appeal
Case number

CAMP120/2024

Permission to appeal was refused because the appellant failed to show a reasonable prospect of success: he did not discharge the burden to establish a common intention constructive trust, his documentary and recorded statements undermined his case, and the District Court judge’s credibility and fact findings were rational and not plainly wrong; accordingly there are no grounds for appellate intervention.
7 Dec 1994

HON PO SUN v. LAU NGAI

Citation

HON PO SUN v. LAU NGAI
Court

Court of Appeal
Case number

CACV131/1994

The appeal is allowed and the trial judge's declaration that the parties were equal beneficial joint tenants is quashed because the judge failed to determine the parties' common intention at the time of acquisition and failed to assess the authenticity of the defendant's written declaration; reliance solely on post-breakdown mortgage payments was insufficient to support the declaration; matter remitted for a new trial.