23 Jul 2019
ANGEL FUND CO LTD v. CHAN YAU KWONG AND OTHERS
- Citation
- [2019] HKCFI 1821
- Court
- Court of First Instance
- Case number
- HCMP3022/2015
The Court found Ds had established equitable proprietary interests in the land and property by common intention constructive trust (alternatively resulting trust) based on the 1993–1994 agreements, payments, continuous occupation and corroborative surrounding circumstances; D1 thereafter held only legal/paper title; P had actual or constructive notice (or ought to have known) of defects in D1's title (unpaid premium, absence of original title deeds, suspicious tenancy) and thus was not a bona fide purchaser for value without notice, so P's mortgage claim failed and Ds' counterclaim succeeded.