CITIC KA WAH BANK LTD v. CHINA’S BEST LTD AND OTHERS

CITIC KA WAH BANK LTD v. CHINA’S BEST LTD AND OTHERS

The master accepted the Mother's credibility and documentary corroboration (bank passbooks and medical records), found she transferred the funds to the Daughter to be held for the care of her ill husband and never intended to divest beneficial ownership, concluded a trust was created and therefore the monies beneficially belong to the Mother, and accordingly dismissed the Notices of Garnishee Order to Show Cause and discharged the Garnishee Orders Nisi.

Citation
CITIC KA WAH BANK LTD v. CHINA’S BEST LTD AND OTHERS
Parties
Plaintiff/judgment Creditor: CITIC KA WAH BANK LIMITED; 1st Defendant/1st Judgment Debtor: CHINA'S BEST LIMITED; 2nd Defendant/2nd Judgment Debtor: WONG YORK LAM; 3rd Defendant/3rd Judgment Debtor: LAU WAI LING; 1st Garnishee: CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED; 2nd Garnishee: CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED (formerly BANK OF AMERICA (ASIA) LIMITED); Claimant: CHAN NGAN HO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2008
Case Number
HCMP2313/1996
Procedural Posture
Garnishee Proceeding / Trial on Issue of Beneficial Ownership and Trust
Outcome
Notices of Garnishee Order to Show Cause dismissed; Orders of Garnishee Nisi discharged; monies held in garnishee accounts found to belong beneficially to the Claimant
Legal Topics
Express Trust, Beneficial Ownership, Garnishee Order, Jurisdiction of Master, Evidence and Credibility, Costs
Source Language
EN
Trusts Property Civil Procedure Bankruptcy Garnishment Express Trust Beneficial Ownership Garnishee Order +3 more

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Parties

CITIC KA WAH BANK LIMITED

Plaintiff/judgment Creditor

CHINA'S BEST LIMITED

1st Defendant/1st Judgment Debtor

WONG YORK LAM

2nd Defendant/2nd Judgment Debtor

LAU WAI LING

3rd Defendant/3rd Judgment Debtor

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED

1st Garnishee

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED (formerly BANK OF AMERICA (ASIA) LIMITED)

2nd Garnishee

CHAN NGAN HO

Claimant

Procedural Posture

Garnishee Proceeding / Trial on Issue of Beneficial Ownership and Trust

Legal Issues

  1. 1 Whether monies held in bank accounts in the Daughter's name were beneficially owned by the Mother or held on trust by the Daughter
  2. 2 Whether a master may hear disputed garnishee proceedings involving viva voce evidence in open court
  3. 3 Whether the Garnishee Orders Nisi should be made absolute or discharged

Ratio Decidendi

The master accepted the Mother's credibility and documentary corroboration (bank passbooks and medical records), found she transferred the funds to the Daughter to be held for the care of her ill husband and never intended to divest beneficial ownership, concluded a trust was created and therefore the monies beneficially belong to the Mother, and accordingly dismissed the Notices of Garnishee Order to Show Cause and discharged the Garnishee Orders Nisi.

Court Disposition

Notices of Garnishee Order to Show Cause dismissed; Orders of Garnishee Nisi discharged; monies held in garnishee accounts found to belong beneficially to the Claimant

Orders

  • Dismiss the Notices of Garnishee Order to Show Cause
  • Discharge the Garnishee Orders Nisi