Read the full judgment text of HCMP 798/2016 on BabelCite. This High Court CFI judgment was delivered on 3 October 2018 before Deputy High Court Judge William Wong SC.
Partition Ordinance – Order for sale – Common intention constructive trust – Resulting trust – Adverse possession – Co-ownership – Beneficial interest – Siblings dispute over family property – Plaintiff and Defendant are registered joint owners of Workshop 1, Harry Industrial Building since 1986, purchased with the Father's assistance and a mortgage – Defendant operates a business called Hopewin Wooden Box Manufacturing Company at the Property – A dispute arose over beneficial ownership, with the Defendant claiming 100% and the Plaintiff claiming 50% – The Defendant alleged a common intention constructive trust, a resulting trust based on mortgage payment, and adverse possession – The Court found the Defendant failed to prove his defences and granted the order for sale – Costs were ordered against the Defendant – Defendant failed to prove common intention due to lack of contemporaneous documents and inconsistent sworn Form E statements filed in divorce proceedings where Defendant admitted 50% interest – Father paid mortgage payments from joint business accounts for family expenses and property purchases – No adverse possession as no animus possidendi and no actual ouster – Plaintiff used Property as registered address and security for loans – Property has no utility to Plaintiff, relationship sour, clean break desirable – Parties represented by lawyers, Defendant did not object to loans
Legal issues: Common Intention Constructive Trust · Resulting Trust / Mortgage Payment · Adverse Possession · Order for Sale
Outcome: Order for sale granted; Defendant's counterclaims dismissed; Costs order nisi against Defendant.
Cited by 19 cases · Cites 3 cases