28 Jan 2021
SHANGHAI COMMERCIAL BANK LTD 對 李友德及另一人
- Citation
- [2021] HKDC 69
- Court
- District Court
- Case number
- DCMP3066/2016
There was insufficient evidence to establish a common intention constructive trust between the spouses; consequently the second defendant had no proprietary interest in the mortgaged property and no entitlement to exercise the right of redemption without the trustee's consent; the application for permission to appeal lacked a reasonable prospect of success and was refused.