The National Crime Agency v Dong & Anor

The National Crime Agency v Dong & Anor

Mr Dong was the beneficial owner of the Property upon acquisition and remained so after transfer to Mr Feng; the transfer was gratuitous and the evidence did not rebut the presumption of a resulting trust. The interim charging order should be made final as no undue prejudice to other creditors was established.

Parties
Claimant: The National Crime Agency; Defendant: Mr Gui Hui Dong; Defendant: Ms Hong Fang; Interested Party: Mr Feng Xing
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Civil / Trial Judgment
Outcome
Applications by Mr Dong and Mr Feng dismissed; interim charging order made final.
Legal Topics
Beneficial Ownership, Resulting Trust, Charging Order, Money Laundering, Freezing Order
Property Law Trusts Civil Procedure Beneficial Ownership Resulting Trust Charging Order Money Laundering Freezing Order

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Parties

The National Crime Agency

Claimant

Mr Gui Hui Dong

Defendant

Ms Hong Fang

Defendant

Mr Feng Xing

Interested Party

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether Mr Dong has a beneficial interest in the Property
  2. 2 Whether the interim charging order should be made final

Ratio Decidendi

Mr Dong was the beneficial owner of the Property upon acquisition and remained so after transfer to Mr Feng; the transfer was gratuitous and the evidence did not rebut the presumption of a resulting trust. The interim charging order should be made final as no undue prejudice to other creditors was established.

Court Disposition

Applications by Mr Dong and Mr Feng dismissed; interim charging order made final.

Orders

  • Interim charging order made final against Mr Dong's interest in the Property.
  • Ancillary orders and costs to be considered after judgment.