Quan v Bray & Ors

Quan v Bray & Ors

CTSAT was established solely for the charitable purpose of furthering the Chinese Tiger Project via SCT UK, with no intention or evidence of benefit to the parties. There is no existing disposition or flow of benefit to the parties, nor any practical mechanism for them to access CTSAT assets. Accordingly, CTSAT is not a post-nuptial settlement capable of variation under s.24 MCA 1973, nor are its assets a resource available to the husband under s.25 MCA 1973.

Parties
Petitioner: Li Quan; Respondent: William Stuart Bray; Respondent: Maitland (Mauritius) Ltd; Respondent: Chinese Tigers South Africa Trust; Respondent: Save China's Tigers; Respondent: Ralph Edmund Bray; Respondent: Conservation Finance Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2014
Procedural Posture
Financial Relief/divorce / Preliminary Issue Determination
Outcome
Application to vary CTSAT as a post-nuptial settlement dismissed; CTSAT assets not treated as resource of husband.
Legal Topics
Post Nuptial Settlements, Variation of Trusts, Charitable Trusts, Financial Relief, Resources Under S.25 MCA 1973
Family Law Trusts and Equity Post Nuptial Settlements Variation of Trusts Charitable Trusts Financial Relief Resources Under S.25 MCA 1973

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Parties

Li Quan

Petitioner

William Stuart Bray

Respondent

Maitland (Mauritius) Ltd

Respondent

Chinese Tigers South Africa Trust

Respondent

Save China's Tigers

Respondent

Ralph Edmund Bray

Respondent

Conservation Finance Limited

Respondent

Procedural Posture

Financial Relief/divorce / Preliminary Issue Determination

Legal Issues

  1. 1 Whether Chinese Tigers South Africa Trust (CTSAT) is a post-nuptial settlement capable of variation under s.24 MCA 1973
  2. 2 Whether CTSAT assets are a resource available to the husband under s.25 MCA 1973
  3. 3 Whether CTSAT was established for the benefit of the parties or solely for charitable purposes

Ratio Decidendi

CTSAT was established solely for the charitable purpose of furthering the Chinese Tiger Project via SCT UK, with no intention or evidence of benefit to the parties. There is no existing disposition or flow of benefit to the parties, nor any practical mechanism for them to access CTSAT assets. Accordingly, CTSAT is not a post-nuptial settlement capable of variation under s.24 MCA 1973, nor are its assets a resource available to the husband under s.25 MCA 1973.

Court Disposition

Application to vary CTSAT as a post-nuptial settlement dismissed; CTSAT assets not treated as resource of husband.

Orders

  • No order varying CTSAT;
  • No lump sum order against husband based on CTSAT assets;