Read the full judgment text of HCMP 3430/2013 on BabelCite. This High Court CFI judgment was delivered on 30 April 2024 before Hon B Chu J.
Property law – beneficial interest – common intention constructive trust – Money Lenders Ordinance – collusion – constructive notice – vacant possession – HOS property – s.27 MLO – extortionate transaction – D2 proved beneficial interest – P had constructive notice – collusion found under s.27 MLO – 1st loan not illegal – vacant possession claim dismissed – costs to D2
Legal issues: Beneficial Interest (Issues 7 & 8) · Clean Hands (Issue 6) · Constructive Notice (Issue 9) · Collusion (Issue 1) · Illegality (Issue 2) · Extortionate Transaction (Issue 3) · 1st Loan Validity (Issues 4 & 5)
Outcome: Declaration that D2 is beneficial owner of 50% share; P's claim for vacant possession dismissed; D2's claim regarding 1st Loan illegality dismissed.
Cited by 1 case · Cites 5 cases