NG LUK MUI AND ANOTHER v. SHIU TSUN WAI, VINCENT AND ANOTHER

NG LUK MUI AND ANOTHER v. SHIU TSUN WAI, VINCENT AND ANOTHER

The court found that the 1st Plaintiff had provided the purchase money for the property and the presumption of advancement was rebutted; retention of the title deeds and contemporaneous evidence supported a resulting trust in favour of the 1st Plaintiff. The 2005 transfer did not make the 2nd Defendant a bona fide purchaser for value without notice; accordingly legal title was ordered to be restored to the 1st Plaintiff and the 2nd Defendant's counterclaim entitlements against the 1st Defendant were quantified and awarded.

Citation
NG LUK MUI AND ANOTHER v. SHIU TSUN WAI, VINCENT AND ANOTHER
Parties
1st Plaintiff: Ng Luk Mui; 2nd Plaintiff: Madam Lo; 1st Defendant: Shiu Tsun Wai Vincent; 2nd Defendant: Madam Lam
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 October 2010
Case Number
DCCJ2533/2008
Procedural Posture
Civil Trust and Property Dispute / Judgment at Trial (district Court)
Outcome
Judgment for the 1st Plaintiff on the trust claim; declaration that the 1st Defendant breached trust; order restoring legal title to the 1st Plaintiff; partial success on the 2nd Defendant's counterclaim with monetary awards against the 1st Plaintiff and/or 1st Defendant; costs and interest directions.
Legal Topics
Resulting Trust, Presumption of Advancement, Breach of Fiduciary Duty, Bona Fide Purchaser, Remedies (declaration, Assignment, Monetary Relief)
Source Language
EN
Trusts Property Law Equity Conveyancing Resulting Trust Presumption of Advancement Breach of Fiduciary Duty Bona Fide Purchaser +1 more

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Parties

Ng Luk Mui

1st Plaintiff

Madam Lo

2nd Plaintiff

Shiu Tsun Wai Vincent

1st Defendant

Madam Lam

2nd Defendant

Procedural Posture

Civil Trust and Property Dispute / Judgment at Trial (district Court)

Legal Issues

  1. 1 Whether the 1998 transfer of the property created a resulting trust in favour of the 1st Plaintiff
  2. 2 Whether the 2005 transfer to the 2nd Defendant breached a fiduciary/trust obligation
  3. 3 Whether the 2nd Defendant was a bona fide purchaser for value without notice

Ratio Decidendi

The court found that the 1st Plaintiff had provided the purchase money for the property and the presumption of advancement was rebutted; retention of the title deeds and contemporaneous evidence supported a resulting trust in favour of the 1st Plaintiff. The 2005 transfer did not make the 2nd Defendant a bona fide purchaser for value without notice; accordingly legal title was ordered to be restored to the 1st Plaintiff and the 2nd Defendant's counterclaim entitlements against the 1st Defendant were quantified and awarded.

Court Disposition

Judgment for the 1st Plaintiff on the trust claim; declaration that the 1st Defendant breached trust; order restoring legal title to the 1st Plaintiff; partial success on the 2nd Defendant's counterclaim with monetary awards against the 1st Plaintiff and/or 1st Defendant; costs and interest directions.

Orders

  • Declaration that the 1st Defendant was guilty of breach of trust in transferring the property to the 2nd Defendant on 16 June 2005 under Memorial No. 05070701820046
  • Order that the 2nd Defendant execute an assignment of the said Property in favour of the 1st Plaintiff; in default the Registrar of the District Court or competent officer to execute the assignment, with liberty to apply