Read the full judgment text of DCCJ 1104/2013 on BabelCite. This District Court judgment was delivered on 15 February 2016 before Deputy District Court Judge 譚利祥.
Civil dispute – Property ownership – Constructive trust – Resulting trust – Eviction – Damages – Injunction – Possession – Mother and son dispute over property at 11B Boundary Street – Plaintiff claims beneficial interest – Defendant claims resulting trust due to payments – Court finds no common intention for Defendant to be beneficial owner – Resulting trust not applicable due to express discussion – Defendant improperly evicted Plaintiff – Plaintiff succeeds – Injunction, order for possession, costs, damages HK$148,160 awarded
Legal issues: Beneficial Interest under Constructive Trust · Applicability of Resulting Trust · Improper Eviction · Relief and Damages
Outcome: Plaintiff succeeds; Injunction, order for possession, and costs awarded; Damages HK$148,160
Cited by 2 cases · Cites 1 case