MOK SUI LING v. ZHANG YUXIAN

MOK SUI LING v. ZHANG YUXIAN

No trespass claim as Mok did not effect entry or make a formal demand; on the trust claim Zhang failed to discharge the onus to show a resulting trust or an oral transfer, the court accepted Mok's evidence of contributions and awarded her beneficial ownership of her registered half share and ordered sale with distribution accordingly.

Citation
MOK SUI LING v. ZHANG YUXIAN
Parties
Plaintiff (dccj 1079/2014); Defendant (dccj 3898/2014): Mok Sui Ling; Defendant (dccj 1079/2014); Plaintiff (dccj 3898/2014): Zhang Yuxian
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 April 2016
Case Number
DCCJ1079/2014
Procedural Posture
Civil Actions: Trespass (mesne Profits) and Declaration/counterclaim Over Beneficial Ownership of Property; Order for Sale / Judgment
Outcome
DCCJ 1079/2014: plaintiff (Mok) claim dismissed. DCCJ 3898/2014: plaintiff (Zhang) claim dismissed; defendant (Mok) succeeds on counterclaim; order for sale and distribution of proceeds.
Legal Topics
Trespass, Mesne Profits, Resulting Trust, Oral Agreement for Disposition of Land, Order for Sale, Hearsay and Credibility (s49 Evidence Ordinance)
Source Language
EN
Property Law Trusts and Equity Torts Evidence Civil Procedure Trespass Mesne Profits Resulting Trust +3 more

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Parties

Mok Sui Ling

Plaintiff (dccj 1079/2014); Defendant (dccj 3898/2014)

Zhang Yuxian

Defendant (dccj 1079/2014); Plaintiff (dccj 3898/2014)

Procedural Posture

Civil Actions: Trespass (mesne Profits) and Declaration/counterclaim Over Beneficial Ownership of Property; Order for Sale / Judgment

Legal Issues

  1. 1 Whether an action for trespass arose based on Mok's title and demand for possession
  2. 2 If trespass, for what period and amount of mesne profits is Zhang liable
  3. 3 Whether Mok holds her registered half share on resulting trust for the deceased

Ratio Decidendi

No trespass claim as Mok did not effect entry or make a formal demand; on the trust claim Zhang failed to discharge the onus to show a resulting trust or an oral transfer, the court accepted Mok's evidence of contributions and awarded her beneficial ownership of her registered half share and ordered sale with distribution accordingly.

Court Disposition

DCCJ 1079/2014: plaintiff (Mok) claim dismissed. DCCJ 3898/2014: plaintiff (Zhang) claim dismissed; defendant (Mok) succeeds on counterclaim; order for sale and distribution of proceeds.

Orders

  • Order for sale of property known as 2/F and Roof of Lot No 703 in D.D.2, Mui Wo, New Territories.
  • Defendant (Mok) entitled to half share of net sale proceeds (subject to paragraph 55(g) of judgment).