Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mortgage indebtedness
  • 19 Jan 2026

    LEUNG KAM v. WONG YUK LING

    Citation
    [2026] HKDC 116
    Court
    District Court
    Case number
    DCCJ1913/2025

    On balance of probabilities the court found a familial common intention that the Property was held in the name of the son (and later the defendant) for the benefit of both parents; the parents funded the acquisition and mortgage instalments and acted to their detriment; the illegality defence failed because the family pooling arrangement did not amount to unlawful alienation under the Housing Ordinance or public policy sufficient to bar equitable relief; estoppel failed; therefore a common intention constructive trust (and alternatively a resulting trust) was imposed in favour of the Father a…