7 Oct 2022
TANG KA YEE MIRANDA v. TANG FU LIN
- Citation
- [2022] HKCFI 3085
- Court
- Court of First Instance
- Case number
- HCA58/2018
The court preferred the Plaintiff's factual account because contemporaneous bank and payment records showed the Plaintiff deposited half the down payment and paid virtually all mortgage repayments and occupation expenses, thereby rebutting any presumption of equal beneficial shares; the court found a common intention trust and exercised its discretion to order sale and distribute net proceeds 68% to the Plaintiff and 32% to the Defendant, with costs ordered against the Defendant.
- Common intention constructive trust
- Joint tenancy
- Severance of joint tenancy
- Beneficial interest quantification
- Order for sale
- Rebuttal of presumption of equal shares