30 Apr 2024
H.K. SOURCES FINANCE LTD v. LING KAI WAN PAUL AND ANOTHER
- Citation
- [2024] HKCFI 1141
- Court
- Court of First Instance
- Case number
- HCMP3430/2013
The court found on the evidence that D2 proved a 50% beneficial interest in the Property by common intention constructive trust (contemporaneous agreement, RMB100,000 contribution, detrimental reliance and unconscionability); P had constructive notice of D2's and child’s occupation and possible beneficial interest and thus was not a bona fide mortgagee without notice; P and intermediary Matt’s acted in collusion in taking a HKD200,000 service fee in breach of s27 MLO; the 1st Loan/charge were not shown to be void so as to taint the 2nd charge, and the court dismissed D2’s claim to declare the…