16 Nov 2018
CHEUNG FUNG SHAN 對 CHEUNG FUNG HAR, CAROL
- Citation
- [2018] HKDC 1387
- Court
- District Court
- Case number
- DCCJ5582/2015
Court found on the evidence that the parties reached a common intention in late 2010 that the plaintiff would be the nominal registered owner while the defendant was the beneficial owner; defendant provided the substantial purchase monies and mortgage payments (totaling HK$925,292.99 for downpayment and related costs and paid mortgage payments until Sept 2012), the plaintiff acted in reliance to her detriment, and it would be unconscionable to allow the plaintiff to retain the legal title; accordingly a constructive trust was established in favour of the defendant and the plaintiff's claim wa…