24 Feb 2015
LO KAU KUN v. CHEUNG YUK YUN
- Citation
- LO KAU KUN v. CHEUNG YUK YUN
- Court
- Court of First Instance
- Case number
- HCA152/2013
The presumption that equity follows the law applied to the jointly titled Hong Kong property; the defendant failed to rebut that presumption on the balance of probabilities. Credible factual findings established the plaintiff funded the down payment and contributed to mortgage repayments, the parties intended the property to be part of family assets, and there was no evidence of ouster or requisite intention to possess by the defendant to found adverse possession. Accordingly a common intention constructive trust arose giving each party an equal beneficial share.