The National Crime Agency v Dong & Anor [2017] EWHC 3116 (Ch) (07 December 2017)

The National Crime Agency v Dong & Anor [2017] EWHC 3116 (Ch) (07 December 2017)

The court found that Mr Dong was the beneficial owner of the property at acquisition and remained so after the transfer to Mr Feng. The presumption of a resulting trust applied to the gratuitous transfer, and the evidence (including the solicitor's attendance note and subsequent conduct) was not rebutted by Mr Dong or Mr Feng. The agreements relied on by Mr Feng did not establish beneficial ownership or payment of consideration. The interim charging order should be made final against Mr Dong's beneficial interest.

Citation
[2017] EWHC 3116 (Ch)
Parties
Claimant: The National Crime Agency; First Defendant: Mr Gui Hui Dong; Second Defendant: Ms Hong Fang; Interested Party: Mr Feng Xing
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Civil (chancery Division) / Trial Judgment on Issue of Beneficial Ownership and Charging Order
Outcome
Interim charging order made final against Mr Dong's beneficial interest in the property.
Legal Topics
Resulting Trusts, Beneficial Ownership, Charging Orders, Money Laundering, Freezing Orders
Equity and Trusts Property Law Civil Procedure Resulting Trusts Beneficial Ownership Charging Orders Money Laundering Freezing Orders

Case Brief

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Parties

The National Crime Agency

Claimant

Mr Gui Hui Dong

First Defendant

Ms Hong Fang

Second Defendant

Mr Feng Xing

Interested Party

Procedural Posture

Civil (chancery Division) / Trial Judgment on Issue of Beneficial Ownership and Charging Order

Legal Issues

  1. 1 Whether Mr Dong retained a beneficial interest in the property after transfer to Mr Feng
  2. 2 Whether the interim charging order against Mr Dong's interest should be made final

Ratio Decidendi

The court found that Mr Dong was the beneficial owner of the property at acquisition and remained so after the transfer to Mr Feng. The presumption of a resulting trust applied to the gratuitous transfer, and the evidence (including the solicitor's attendance note and subsequent conduct) was not rebutted by Mr Dong or Mr Feng. The agreements relied on by Mr Feng did not establish beneficial ownership or payment of consideration. The interim charging order should be made final against Mr Dong's beneficial interest.

Court Disposition

Interim charging order made final against Mr Dong's beneficial interest in the property.

Orders

  • The interim charging order is made final, charging Mr Dong's beneficial interest in 32 Grove Wood Hill Coulsdon CR5 2EL with the judgment sum.