20 Sept 2017
WONG HEI LAM 及另一人 對 TONG LAI WAH 及另二人
- Citation
- WONG HEI LAM 及另一人 對 TONG LAI WAH 及另二人
- Court
- District Court
- Case number
- DCMP1581/2016
The court accepted the plaintiffs' evidence and rejected the defendants' case because the defendants failed to discharge the evidential burden of proving any common intention or equitable interest; the 2006 oral permission was a gratuitous licence to the son only, the HK$2,800 payments were household support not mortgage contributions creating a trust, and statements relied upon were inconsistent and unreliable (son's evidence excluded); accordingly no constructive/resulting trust or estoppel arose and plaintiffs entitled to possession and costs.