Favor Easy Management Ltd & Anor v Wu & Anor [2012] EWCA Civ 1464 (21 November 2012)

Favor Easy Management Ltd & Anor v Wu & Anor [2012] EWCA Civ 1464 (21 November 2012)

The Court of Appeal held that the trial judge was entitled to find, on the totality of the evidence, that Ms Wu was the legal and beneficial owner of the properties and the bearer share in FEM Seychelles, and that the funds provided by Mr Lee were outright gifts rather than giving rise to a resulting or constructive trust. The judge's approach to the documentary and oral evidence was correct, and there was no error of law or serious irregularity justifying interference with the findings.

Citation
[2012] EWCA Civ 1464
Parties
Claimant/appellant: Favor Easy Management Limited (Seychelles); Claimant/appellant: Samuel Tak Lee; Respondent/defendant: Fuk Fei Wu; Respondent/defendant: Favor Easy Management Limited (British Virgin Islands)
Jurisdiction
England and Wales
Judgment Date
21 November 2012
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Resulting Trusts, Constructive Trusts, Beneficial Ownership, Gifts, Corporate Ownership, Appeals Procedure
Equity and Trusts Property Law Civil Procedure Resulting Trusts Constructive Trusts Beneficial Ownership Gifts Corporate Ownership +1 more

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Parties

Favor Easy Management Limited (Seychelles)

Claimant/appellant

Samuel Tak Lee

Claimant/appellant

Fuk Fei Wu

Respondent/defendant

Favor Easy Management Limited (British Virgin Islands)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Mr Lee was the beneficial owner of the properties at 64 and 66 Avonmore Road, London W14, via resulting or constructive trust
  2. 2 Whether Ms Wu was the legal and beneficial owner of the properties and the bearer share in FEM Seychelles
  3. 3 Whether the trial judge erred in evaluating documentary and oral evidence, including solicitor's files and telephone transcripts

Ratio Decidendi

The Court of Appeal held that the trial judge was entitled to find, on the totality of the evidence, that Ms Wu was the legal and beneficial owner of the properties and the bearer share in FEM Seychelles, and that the funds provided by Mr Lee were outright gifts rather than giving rise to a resulting or constructive trust. The judge's approach to the documentary and oral evidence was correct, and there was no error of law or serious irregularity justifying interference with the findings.

Court Disposition

Appeal dismissed

Orders

  • All claims by Mr Lee dismissed
  • Declaration that Ms Wu is entitled to the bearer share in FEM Seychelles