29 Nov 2013
WONG KWOK KI STEPHEN AND ANOTHER v. LEE LAI YING AND ANOTHER
- Citation
- WONG KWOK KI STEPHEN AND ANOTHER v. LEE LAI YING AND ANOTHER
- Court
- District Court
- Case number
- DCCJ677/2013
Defendants failed to discharge the burden of proving that the beneficial interests differed from their legal joint tenancy; contemporaneous documents (Memorandum of Nomination, Statement of Affairs, attendance notes) and conduct supported a shared intention or at least justified treating mortgage liability as equal contribution; therefore each defendant holds a 50% beneficial interest as tenants in common. Non est factum failed in respect of the Memorandum; evidence that payments were solely from Madam Lai was not accepted.