Jonathan Ah-weng and Bernard Lam, instructed by Boase Cohen Collins, successfully resisted claims based on common intention constructive trust, resulting trust and estoppel, for beneficial title in two properties.  The team also succeeded in counterclaims for mesne profits.

Jonathan is highly experienced in and regularly instructed by clients in property disputes concerning trusts.   Jonathan also successfully resisted similar trust claims over a batch of properties belonging to an estate in Ho Yat Wah v Chung Han Him [2022] HKCFI 791 (judgment can be found here).  Jonathan has a well-established criminal and civil practice (Jonathan’s profile can be found here).

Bernard has a predominantly civil practice and has appeared (as sole advocate and led junior) in the Court of First Instance and the Court of Appeal in property, company, civil fraud and personal injuries/ employees’ compensation matters (Bernard’s profile can be found here).

The team represented the Defendant (“Wan”), the widow and devisee of two properties from her late husband (“Deceased”).  The Plaintiff (“Kwan”), a daughter in law, alleged instead that Wan held those properties on trust for her.  Kwan alleged that following her divorce the Deceased gifted her the properties over a private agreement, which she performed.  Kwan then had sole possession of the properties and generated rental income uninterrupted over many years.  Wan’s defence is that Kwan was a bare licensee.

After a 7-day trial, the Court gave judgment in favour of Wan.  The Court accepted the defence team’s full-on attack on Kwan’s credibility in cross-examination, and awarded Wan’s counterclaims in full.

The Judgment can be found here.