1 Apr 2021
TSE DAO CHUEN v. CHEUNG WAI YAN formerly known as CHEUNG SUET NGOR
- Citation
- [2021] HKDC 399
- Court
- District Court
- Case number
- DCCJ1078/2020
On the facts the court preferred the defendant's account and found the plaintiff intended to make an unconditional gift of 50% beneficial interest to the defendant; plaintiff's allegations of a conditional promise were not proved and claims based on constructive trust, resulting trust or estoppel fail; accordingly the court declared equal beneficial ownership and granted an order for sale under s6 PO subject to deferment not less than six months after the plaintiff's death.
- Constructive trust
- Resulting trust
- Beneficial ownership
- Gift
- Partition ordinance s6 order for sale
- Severance of joint tenancy