CHE LEUNG KEI v. CHE THI QUYNH HELENE

CHE LEUNG KEI v. CHE THI QUYNH HELENE

Claim dismissed because the plaintiff failed to prove on the balance of probabilities that the HK$699,260 originated from the deceased, failed to prove authenticity of the receipt, and failed to establish a common intention constructive trust; additionally the deceased admitted receipt of HK$860,398.14 which, if accepted, negated further recovery, so no proprietary interest was established in defendant's estate.

Citation
CHE LEUNG KEI v. CHE THI QUYNH HELENE
Parties
Plaintiff (executor of the Estate of Mr Che Hon Chuen, Deceased): Mr Che Leung Kei; Defendant (executrix of the Estate of Madam Chea Yuk Wah): Madam Che Thi Quynh Helene
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2015
Case Number
HCA1422/2013
Procedural Posture
Civil Claim for Recovery/constructive Trust Arising From Alleged Pooling/investment of Funds / Trial Judgment (court of First Instance)
Outcome
Claim dismissed. Indemnity costs awarded to the defendant. Costs to be summarily assessed. Possible personal cost liability for plaintiff's solicitors unless they provide explanation.
Legal Topics
Constructive Trust, Tracing, Evidence and Document Authenticity, Res Judicata/abuse of Process, Indemnity Costs
Source Language
EN
Trusts and Equity Property Probate Civil Procedure Costs Constructive Trust Tracing Evidence and Document Authenticity +2 more

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Parties

Mr Che Leung Kei

Plaintiff (executor of the Estate of Mr Che Hon Chuen, Deceased)

Madam Che Thi Quynh Helene

Defendant (executrix of the Estate of Madam Chea Yuk Wah)

Procedural Posture

Civil Claim for Recovery/constructive Trust Arising From Alleged Pooling/investment of Funds / Trial Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the disputed sum of HK$699,260 originated from the deceased
  2. 2 Whether the purported receipt (Exhibit P1) was signed by Madam Chea and authentic
  3. 3 Whether a common intention constructive trust arose between the deceased and Madam Chea

Ratio Decidendi

Claim dismissed because the plaintiff failed to prove on the balance of probabilities that the HK$699,260 originated from the deceased, failed to prove authenticity of the receipt, and failed to establish a common intention constructive trust; additionally the deceased admitted receipt of HK$860,398.14 which, if accepted, negated further recovery, so no proprietary interest was established in defendant's estate.

Court Disposition

Claim dismissed. Indemnity costs awarded to the defendant. Costs to be summarily assessed. Possible personal cost liability for plaintiff's solicitors unless they provide explanation.

Orders

  • Claim dismissed
  • Indemnity costs awarded to defendant (to be summarily assessed on 7 January 2016 without attendance)