18 Jul 2023
LEUNG CHING WAI v. LI YUN LIM The Sole Executor of the Estate of Ng Bo Chuen, Deceased AND ANOTHER
- Citation
- [2023] HKDC 459
- Court
- District Court
- Case number
- DCCJ4851/2019
The court found on the facts that plaintiff made substantial monetary contributions (renovation set-off and mortgage repayments) giving rise to a purchase money resulting trust for 28.608% beneficial interest despite legal title being in the deceased grandmother and later vested in defendant; the express/common intention CICT, although established on the facts, was rejected as ex facie contrary to public policy and refused applying the Patel/Monat range of factors because the resulting trust provided an adequate, proportionate remedy and denial of CICT better serves public policy. The resulti…