14 Aug 2019
LO MAN YAU v. CHIU SUNG FAI AND ANOTHER
- Citation
- [2019] HKDC 1075
- Court
- District Court
- Case number
- DCCJ2516/2013
On the balance of probabilities the 1st defendant paid HK$558,534 towards the purchase, those payments were contributions not loans, and contemporaneous documents, meeting admissions and trial evidence show the parties intended the 1st defendant to acquire a beneficial interest corresponding to his contributions; accordingly the presumption that the company (South Sea) took the beneficial interest was rebutted and a resulting trust in favour of the 1st defendant to the extent of 30.77% was declared, leading to dismissal of the plaintiff’s possession and mesne profits claim.