Vashihan Ratnasingham v Andrew Lewis Hunt & Anor

Vashihan Ratnasingham v Andrew Lewis Hunt & Anor

Mr Ratnasingham does not have a proprietary share in the Albion, but KPEL breached trust by using Northdown as security for its own benefit, entitling Mr Ratnasingham to an account of profits. The distribution of Folkestone Road property to Mr Hunt was not at an undervalue, but constituted a breach of trust, entitling Mr Ratnasingham to an account of profits, subject to further assessment.

Parties
Claimant/appellant: Vashihan Ratnasingham; First Defendant/respondent: Andrew Lewis Hunt; Second Defendant/respondent: Kent Property Estates Ltd
Jurisdiction
England and Wales
Judgment Date
18 February 2025
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed in part; referred back to County Court for assessment of account of profits.
Legal Topics
Breach of Trust, Account of Profits, Self Dealing, Valuation of Estate Property, Constructive Trust, Resulting Trust
Trusts Property Law Equity Breach of Trust Account of Profits Self Dealing Valuation of Estate Property Constructive Trust +1 more

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Parties

Vashihan Ratnasingham

Claimant/appellant

Andrew Lewis Hunt

First Defendant/respondent

Kent Property Estates Ltd

Second Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the appellant has a share in the Albion property under a constructive or resulting trust
  2. 2 Whether the use of Northdown as security for acquisition of the Albion constituted a breach of trust
  3. 3 Whether the distribution of Folkestone Road property to Mr Hunt was at an undervalue

Ratio Decidendi

Mr Ratnasingham does not have a proprietary share in the Albion, but KPEL breached trust by using Northdown as security for its own benefit, entitling Mr Ratnasingham to an account of profits. The distribution of Folkestone Road property to Mr Hunt was not at an undervalue, but constituted a breach of trust, entitling Mr Ratnasingham to an account of profits, subject to further assessment.

Court Disposition

Appeal allowed in part; referred back to County Court for assessment of account of profits.

Orders

  • Case referred to County Court to assess account of profits for breaches identified.
  • Parties to agree form of order or submit alternative drafts if unable to agree.