Read the full judgment text of FCMC 7641/2018 on BabelCite. This Family Court judgment was delivered on 5 May 2020 before 區域法院暫委法官杜潔玲.
Matrimonial Proceedings – s.17 Matrimonial Proceedings and Property Ordinance – Property Disposition – Beneficial Ownership – Financial Provision – Asset Transfer – Good Faith – Presumption of Resulting Trust – Application to set aside transfer of property – 1st Respondent not beneficial owner – Father purchased property in 1st Respondent's name as nominee – 1st Respondent admitted no beneficial interest due to misappropriation of family funds – Transfer made for HK$10,000,000 when market value HK$30,000,000 – No intention to defeat financial provision claim – 2nd and 3rd Respondents acted in good faith – Application dismissed – Petitioner to pay 2nd and 3rd Respondents' costs
Legal issues: Property Disposition Issue · Transfer Intention Issue · Financial Provision Issue
Outcome: Application dismissed; Petitioner's application under s.17 set aside.
Cites 3 cases