Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overriding interests and occupation
  • 28 Jun 1993

    WONG LAI SUK CHUN v. WONG CHIU MING

    Citation
    WONG LAI SUK CHUN v. WONG CHIU MING
    Court
    District Court
    Case number
    DCCJ3570/1992

    Petitioner acquired a beneficial equitable interest in the matrimonial home from the time she began paying mortgage instalments (resulting/constructive trust); that interest ranks after charging orders registered before her interest arose, but a chargee who registered while the property was under the Home Ownership Scheme (with occupation restrictions on the register) is fixed with constructive notice of the likely spouse/family occupier and therefore that chargee (Memorial No.511772) takes subject to the petitioner's equitable interest; accordingly the respondent must transfer his share to t…