Read the full judgment text of HCA 1894/2014 on BabelCite. This High Court CFI judgment was delivered on 14 June 2019 before Madam Recorder Yvonne Cheng SC.
Civil law – Property – Trusts – Constructive trust – Resulting trust – Common intention – Mistake of fact – Limitation – Beneficial ownership – Family funds – Transfer of funds – Costs – Plaintiff claimed beneficial ownership of property registered in Defendant's name alleging common intention constructive trust, resulting trust, and restitution for payments made under alleged misrepresentation – Court found no Common Understanding between parties due to unreliable evidence and inconsistent conduct – Plaintiff failed to prove contribution to purchase price due to lack of contemporaneous documentation and inconsistencies in witness evidence – Misrepresentation claim rejected as conversation did not amount to representation that purchase was incomplete – Restitution claim time-barred under Limitation Ordinance – Plaintiff's action dismissed with costs awarded to Defendant
Legal issues: Contribution to purchase price · Common intention constructive trust · Transfer based on Common Understanding · Misrepresentation · Reliance on misrepresentation · Limitation
Outcome: Plaintiff's action dismissed; costs awarded to Defendant
Cited by 1 case · Cites 5 cases