24 Oct 2024
CHUNG SUET WAN v. CHUNG SUET HAN AND ANOTHER
- Citation
- [2024] HKDC 1699
- Court
- District Court
- Case number
- DCCJ5534/2020
The plaintiff failed to discharge the burden to prove the Further Agreement and common intention that D1 held no beneficial interest and that P should have two-thirds; P's evidence was internally inconsistent, lacked contemporaneous documentary support, and was inherently improbable in parts; therefore beneficial ownership follows the legal title and plaintiff's beneficial interest is one-third; accordingly the constructive trust claim is dismissed but sale and an account are ordered.