NKPL v. NSF & NFC  HKFC 140; FCMC 14532/2019
Aug 25, 2022
Briefly, the property was purchased under the names of husband and wife (the wife subsequently transferred her legal title to husband before commencing divorce proceedings). The intervenor’s case is that there was a common understanding and intention that she shall share the beneficial ownership in such property and her interest shall be reflected by her contribution of down-payment (about 30% of the purchase price of the property). The intervenor’s primary case is thus an express common intention constructive trust and, alternatively, a constructive trust inferred from the conducts of the parties. The wife denies there were such common intention and alternatively it was a gift from the intervenor to husband.
The intervenor succeeded in her claim and the Court found that her case is to be believed. The court also found in a favour of the intervenor in that her contrition of down-payment was not a gift to the husband. The Court eventually granted a declaration that the intervenor shall be one of the beneficial owners of such property and she shall be entitle to account of profit in respect of her beneficial interest in such property.
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