Read the full judgment text of FCMC 14114/2015 on BabelCite. This Family Court judgment was delivered on 4 May 2022 before His Honour Judge G. Own.
Matrimonial property – beneficial ownership – constructive trust – resulting trust – proprietary estoppel – bona fide mortgagee – constructive notice – preliminary issue – District Court – FCMC 14114/2015 – WYM v LYW – Intervener GFL – Property at Tsuen Wan – W claimed beneficial interest via common intention constructive trust, resulting trust, proprietary estoppel – Court found W failed to prove beneficial interest – Intervener failed to prove bona fide mortgagee without notice due to failure to make usual and proper inquiries – Intervener acquired interests subject to constructive notice of W's interests – W's counterclaim dismissed – No order as to costs between parties.
Legal issues: Beneficial Interest Claim · Bona Fide Mortgagee Defence
Outcome: Intervener's beneficial interests subject to constructive notice of W's beneficial interests; W's counterclaim dismissed; No order as to costs between parties.
Cited by 2 cases · Cites 3 cases