Tjiong & Anor v Tjiong [2010] NSWSC 578

Tjiong & Anor v Tjiong [2010] NSWSC 578

The Defendant procured the Plaintiffs' consent to the Family Trust by fraudulent misrepresentation regarding taxation. He fabricated evidence to support his version of events, including a pilot's log book and the bogus Kevin Reeves claim. The Plaintiffs are entitled to declarations that their consent was obtained by fraud, and to orders for restoration of trust property and indemnity costs, subject to final argument on costs.

Parties
First Plaintiff, First Cross Defendant: Katrina May Lan Tjiong; Second Plaintiff, Second Cross Defendant: Lindsay Kuang Djin Tjiong; Defendant, Cross Claimant: Richard Tat Tjhien Tjiong
Jurisdiction
Australia
Judgment Date
04 June 2010
Procedural Posture
Equity Litigation (trust/fraud) / Post Trial Judgment With Orders Stood Over for Costs Argument
Outcome
Declaration made that Plaintiffs' consent to the establishment of the Family Trust was procured by fraudulent misrepresentation; finding that Defendant fabricated evidence; orders for restoration of funds and assets; costs reserved for argument; papers to be sent for consideration of perjury prosecution.
Legal Topics
Misrepresentation, Undue Influence, Breach of Trust, Fabrication of Evidence, Perjury, Equitable Compensation
Equity Trusts Fraud Misrepresentation Undue Influence Breach of Trust Fabrication of Evidence Perjury +1 more

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Parties

Katrina May Lan Tjiong

First Plaintiff, First Cross Defendant

Lindsay Kuang Djin Tjiong

Second Plaintiff, Second Cross Defendant

Richard Tat Tjhien Tjiong

Defendant, Cross Claimant

Procedural Posture

Equity Litigation (trust/fraud) / Post Trial Judgment With Orders Stood Over for Costs Argument

Legal Issues

  1. 1 Whether Plaintiffs' consent to the establishment of a trust under Defendant's control was procured by Defendant's fraudulent misrepresentation
  2. 2 Whether Defendant fabricated evidence in support of his case
  3. 3 Whether orders should be made for restoration of trust funds and assets

Ratio Decidendi

The Defendant procured the Plaintiffs' consent to the Family Trust by fraudulent misrepresentation regarding taxation. He fabricated evidence to support his version of events, including a pilot's log book and the bogus Kevin Reeves claim. The Plaintiffs are entitled to declarations that their consent was obtained by fraud, and to orders for restoration of trust property and indemnity costs, subject to final argument on costs.

Court Disposition

Declaration made that Plaintiffs' consent to the establishment of the Family Trust was procured by fraudulent misrepresentation; finding that Defendant fabricated evidence; orders for restoration of funds and assets; costs reserved for argument; papers to be sent for consideration of perjury prosecution.

Orders

  • Declaration that Plaintiffs' consent to establishment of trust procured by fraud
  • Order for Defendant to pay to the Family Trust an amount equal to all legal and other costs incurred by the Family Trust in connection with the Kevin Reeves claim, including costs of earlier proceedings