Read the full judgment text of FCMC 659/2014 on BabelCite. This Family Court judgment was delivered on 9 April 2020 before 區域法院暫委法官張志偉.
Marriage ancillary relief – Beneficial interest in overseas property – Chinese law expert evidence – Resulting trust – Constructive trust – Costs – FCMC 659/2014 – Dispute over beneficial interest in a Shanghai property purchased in the Wife's name – Petitioner claimed he funded the purchase with pension money – Wife and Intervener claimed it was for resettlement purposes funded by parents – Court found Petitioner's evidence unreliable and accepted Wife and Intervener's evidence – Both Chinese law expert reports rejected due to lack of basis and compliance issues – Court applied local law principles on resulting and constructive trusts – Declaration made that Petitioner and Respondent have no beneficial interest – Costs awarded to Respondent and Intervener to be paid by Petitioner
Legal issues: Funding source and beneficial interest · Admissibility of Chinese law expert reports · Applicable law when foreign law evidence rejected
Outcome: Declaration that the Petitioner and Respondent have no beneficial interest in the Mainland property.
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