Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Resulting trust (disavowed)
  • 10 Mar 2016

    TSE WAI KEE v. CHONG KIU NA

    Citation
    TSE WAI KEE v. CHONG KIU NA
    Court
    District Court
    Case number
    DCCJ2751/2013

    Plaintiff failed to prove an objective common intention that he should have a beneficial interest or that he acted to his detriment in reliance on such intention: initial payments and mortgage liabilities were paid and borne by defendant (with mother and friend funding), plaintiff's periodic payments were for use and enjoyment and matched a tenancy arrangement, alleged contributions and renovations lacked credible documentary support; therefore defendant is sole beneficial owner, Tenancy Agreement is valid, and defendant succeeds on counterclaim for vacant possession and mesne profits.