Read the full judgment text of CACV 576/2021 on BabelCite. This Court of Appeal judgment was delivered on 31 March 2023 before Hon Cheung, Au and Chow JJA.
Civil law – mortgage – possession – beneficial interest – common intention constructive trust – right to redeem – bankruptcy – Court of Appeal – appeal allowed – payment into court – Property purchased in sole name of mortgagor despite joint marital home use – Whether 2nd Defendant adduced sufficient evidence of beneficial interest (Yes, sufficient for trial) – Whether 2nd Defendant had right to redeem (Yes, beneficial owner can redeem) – Appeal allowed; orders set aside; 2nd Defendant to pay HK$1,000,000 into court; Plaintiff to pay costs
Legal issues: Grounds 2 and 3: Whether the 2nd Defendant has adduced sufficient evidence to show that she has a beneficial interest in the Property · Grounds 1 and 4: Whether the 2nd Defendant had a right to redeem the Mortgage
Outcome: Appeal allowed; orders of Master Catherine Cheng dated 23 August 2019 and the order of the Judge dated 9 October 2020 set aside
Cited by 3 cases