Read the full judgment text of HCMP 2480/2011 on BabelCite. This High Court CFI judgment was delivered on 10 January 2012 before Hon Tang VP and Fok JA.
Family law – divorce – ancillary relief – property ownership – leave to appeal – findings of fact – presumption of advancement – presumption of resulting trust – common intention constructive trust – reasonable prospect of success – costs – The Court of Appeal considered an application for leave to appeal against a Family Court judgment regarding the beneficial ownership of the matrimonial home. The Deputy Judge found the property was held by a company owned by the wife and her mother, with funds from the wife's parents being loans rather than gifts. The husband argued errors regarding presumptions of advancement, resulting trust, and constructive trust. The Court held that the appeal was against findings of fact which were not plainly wrong. Leave to appeal dismissed. Costs ordered against the husband.
Legal issues: Leave to appeal - reasonable prospect of success
Outcome: Application for leave to appeal dismissed.