Read the full judgment text of FCMC 1672/2015 on BabelCite. This Family Court judgment was delivered on 7 August 2019 before 區域法院暫委法官彭家光.
Matrimonial proceedings – Beneficial ownership – Resulting trust – Constructive trust – Presumption of advancement – Property dispute – Costs – Two properties in Putian, China (502 and 2802) – Petitioner claimed sole beneficial ownership – Respondent claimed he held 502 as trustee for grandfather and 2802 as trustee for parents and brothers – Presumption of advancement rebutted for 502 – Resulting trust established for 502 – Resulting trust established for 2802 based on contribution – No common intention constructive trust found – Petitioner to pay Respondent's costs
Legal issues: 502 單位之實益權益 · 2802 單位之實益權益 · 訟費
Outcome: Petitioner's claim dismissed. Respondent holds 502 as trustee for grandfather's estate. Respondent holds 2802 as trustee for parents and brothers based on contribution. Petitioner to pay costs.
Cites 3 cases