Read the full judgment text of HCMP 66/2024 on BabelCite. This High Court CFI judgment was delivered on 28 August 2025 before Deputy High Court Judge Jonathan Chang SC.
Civil law – mortgage enforcement – common intention constructive trust – proprietary estoppel – order for sale – hardship – costs – YES CAPITAL LIMITED(一資本有限公司) v YEUNG SE WANG STEPHEN (A BANKRUPT) and TAI CHING FAN SANDRA – Plaintiff sought to enforce mortgage on Defendant's half share of property – 2nd Defendant claimed beneficial interest under common intention constructive trust arising from 2012 agreement – Court held no common intention as understanding not shared and no detrimental reliance – Proprietary estoppel claim based on FCMC Order and 2012 promise rejected due to lack of pleadings and evidence – Court ordered sale of property as hardship not established – 2nd Defendant to pay costs assessed at HK$400,000
Legal issues: Common intention constructive trust · Proprietary estoppel · Order for sale
Outcome: Judgment for Plaintiff against D2; Order for sale of Property; D2's counterclaim dismissed
Cited by 1 case · Cites 2 cases