22 Sept 2025
SUM, SIMON, the administrator of the Estate of SUM TIN SANG alias TIN SANG SUM, deceased AND ANOTHER v. SUM AH KIU
- Citation
- [2025] HKCFI 4428
- Court
- Court of First Instance
- Case number
- HCA2029/2020
On the balance of probabilities the parties formed the Agreement and shared the Common Intention that Raymond would have the beneficial interest in the Relevant Floors; the Deceased paid the construction costs and acted to his detriment in reliance on that intention; it would be unconscionable for the Defendant to deny the beneficial interest; the illegality defence fails under the Patel v Mirza range-of-factors approach given the family, non-commercial context and aims of the Small House Policy; accordingly the Defendant holds the Relevant Floors on constructive trust for Raymond and must tr…