YEUNG YUK LING v. CHEUNG CHEUK WING

HCA195/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.195 OF 2002

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J U D G M E N T

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1. This is the trial of an action brought by the plaintiff Yeung Yuk Ling against the defendant Cheung Cheuk Wing who was formerly married to the plaintiff. They were married in 1975 and they were divorced in 2001 with the decree nisi pronounced on 13 August 2001 and made absolute on 8 October 2001.

2. The claim has been brought by the plaintiff against the former husband in relation to a property known as Flat K, 37th Floor, Block 5, Cheerful Garden, No.23 Siu Sai Wan Road, Hong Kong registered in the joint names of the plaintiff and the defendant. The property was purchased in 1995 at the purchase price of $944,600. The evidence that has come out very fully is that the defendant had made no contribution to the property and that the plaintiff who was gainfully employed in a hospital as a medical worker was paying everything towards the property with the assistance of her mother and that covered not only the initial deposit but all the legal expenses, all the running costs and the subsequent mortgage payments. In these circumstances, it seems to me a proper case of resulting trust has been made out so that, although the property was purchased and registered in the joint names, the intention and the equity of the justice show clearly that the property was held by the husband defendant on resulting trust for the plaintiff.

3. I am therefore able to make :

(1) A declaration that the plaintiff was and is the sole beneficial owner of the said property.

(2) A declaration that the defendant has held and holds his interest in the property on a resulting trust for the plaintiff.

(3) An order that the defendant's legal title in the property be transferred to the plaintiff.

(4) As an ancillary aid to above order (3) that in default of the defendant executing the appropriate conveyancing documents in transferring the property to the plaintiff within 30 days of this order, the Registrar of the High Court be authorised to execute all the necessary conveyancing documents on behalf of the defendant in favour of the plaintiff.

(5) An order that the costs of the action be given to the plaintiff against the defendant.

(6) An order that there will be liberty to apply.