13 Sept 2017
KAN WING YEE WENDY v. ROH JULIE KIM
- Citation
- KAN WING YEE WENDY v. ROH JULIE KIM
- Court
- Court of First Instance
- Case number
- HCMP352/2017
The vendor's statutory declaration from Yeung together with strong circumstantial pointers (small proportional interest, prolonged inaction by the nominator, successive transfers) rebutted the presumption of resulting trust beyond reasonable doubt; alternatively, any equitable claim arising from the 1979 nomination would in any event have been time-barred against successors in title by operation of the Limitation Ordinance as construed in light of Peconic, so there was no real risk to the purchaser and the vendor has shown good title.