Read the full judgment text of FCMC 15963/2013 on BabelCite. This Family Court judgment was delivered on 6 May 2016 before Deputy District Judge Susan Wong.
Matrimonial causes – beneficial ownership – express trust – resulting trust – gift – burden of proof – District Court – Property registered in son's name – Parents contributed down payment – Father claimed family investment – Mother and son claimed gift for marriage – No express trust due to lack of writing under Conveyancing and Property Ordinance Cap 219 s.5(1)(b) – Resulting trust displaced by evidence of gift intention – Father failed to prove equitable right inconsistent with legal title – Application dismissed – Father ordered to pay costs
Legal issues: Express Trust · Resulting Trust / Gift · Burden of Proof
Outcome: Father's application dismissed; Notice of Application for Ancillary Relief discharged.