Lui v Chong [2010] EWCA Civ 398 (21 April 2010)

The evidence established that Mrs Chong intended to transfer only the legal title to Mr Wai Bun Chong for administrative convenience and not to confer a beneficial interest; thus, the property was held on bare trust for her estate.

Citation: [2010] EWCA Civ 398
Parties: Claimant/respondent: Mrs Alison Chiu Yin Lui (Personal Representative of Mrs Foo Man Tsang Chong Deceased); Defendant/appellant: Mr Wai Bun Chong
Jurisdiction: England and Wales
Judgment Date: 21 April 2010
Procedural Posture: Civil Appeal / Appeal From Central London County Court Judgment
Outcome: Appeal dismissed
Legal Topics: Resulting Trusts, Beneficial Ownership, Assent of Property, Intention of Gift, Administration of Estates

Trusts and Estates Property Law Civil Procedure Resulting Trusts Beneficial Ownership Assent of Property Intention of Gift Administration of Estates

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Parties

Mrs Alison Chiu Yin Lui (Personal Representative of Mrs Foo Man Tsang Chong Deceased)

Claimant/respondent

Mr Wai Bun Chong

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

1 Whether Mrs Chong intended to transfer a beneficial interest in the property to Mr Wai Bun Chong by the 1984 Assent or merely the legal title for administrative convenience

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Declaration that Mr Wai Bun Chong holds the property on bare trust for Mrs Alison Chiu Yin Lui as personal representative of Mrs Foo Man Tsang Chong deceased
Defendant to pay 85% of claimant's costs of the claim