Assignment Task
Question
Adam, a businessman, bought a house at the Peak three years ago (“the house”) free of mortgage. Soon after he had bought the house, he started cohabiting with
Eve until she moved out last month.
Eve believes, on the basis of what she has done for Adam, that if she seeks a court order regarding her interest in the house, the court will declare that she is entitled to at least one-half of the equitable interest in it. Her reasons include the following:
Eve graduated from a prestigious law school in Hong Kong with a first class LLB degree. She was planning to enrol on a PCLL course when she met Adam, at a party. After dating for a short while, Adam managed to persuade her to live with him at the flat.
Adam once said to Eve: “You are the angel of my life. You have made me a very happy man and my only goal in life now is to take care of you forever.” Thereafter, Eve declined an offer from her law school of a place on its PCLL course as well as an admission scholarship of HK$200,000.
Evaluate, with reference to relevant decided cases and statutory provisions,
Eve’s chances of success in obtaining the aforesaid declaration from the court.
If you require further information to prepare your answer, state what information you require and the reason(s) why it is needed.
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