Post-acquisition common intention to create an ambulatory constructive trust

In Tong Ka Nin v Tam Chun Wah ([2012] HKEC 563) P and D were joint owners of a flat as tenants in common. They made equal contributions to the down-payment and, at first, to the mortgage installments. Then D became unable to keep up with his share of the mortgage installments so P took on a larger portion of these payments. The judge found that there was “sufficient and / or compelling evidence”  that, after the acquisition, the parties had formed  a common intention that P’s beneficial share would be larger than 50% and that his ultimate beneficial share should reflect his total contribution to the purchase price. That is there was the necessary compelling evidence (Chan Chui Mee v Mak Chi Choiof an agreement to create a post-acquisition ambulatory constructive trust.

Michael Lower


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2 Responses to “Post-acquisition common intention to create an ambulatory constructive trust”


    P’se send for me the Facts and Ruling of the case of Walsh-v-Lonsdale on my mail.thank for being friendly.

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