ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others

ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others

The plaintiff failed to establish either that Mr Marsh declared himself trustee of the accounts for her or that Mr Li accepted a trust in her favour; annotations in account statements, the delivery of a cheque, letters and other documents were insufficient to show an intention and effective disposition that divested Mr Marsh of beneficial ownership; withdrawals and subsequent conduct were inconsistent with a trust being created; therefore the plaintiff's proprietary claims fail and the accounts remained beneficially Mr Marsh's and passed to the defendants as administrators/executor.

Citation
ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others
Parties
Plaintiff: Adrienne Marsh Lefkowitz; 1st Defendant: Gordon David Oldham; 2nd Defendant: Diane Brennan; 3rd Defendant: Bank of New York
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 1996
Case Number
HCA4573/1993
Procedural Posture
Civil Trust/probate Dispute / Trial Judgment (high Court, Judgment on the Merits)
Outcome
Plaintiff's claims dismissed
Legal Topics
Declaration of Trust, Secret Trust, Imperfect Gift, Acceptance by Trustee, Beneficial Ownership, Evidence and Credibility, Account Statements as Evidence
Source Language
EN
Trusts Equity Probate and Succession Property Law Civil Procedure Declaration of Trust Secret Trust Imperfect Gift +4 more

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Parties

Adrienne Marsh Lefkowitz

Plaintiff

Gordon David Oldham

1st Defendant

Diane Brennan

2nd Defendant

Bank of New York

3rd Defendant

Procedural Posture

Civil Trust/probate Dispute / Trial Judgment (high Court, Judgment on the Merits)

Legal Issues

  1. 1 Whether the credit balances in Account No.2 and Account No.1A belonged beneficially to the plaintiff
  2. 2 Whether Mr Li held the accounts on trust for the plaintiff (express or secret trust)
  3. 3 Whether Mr Marsh declared himself trustee of the funds for the plaintiff

Ratio Decidendi

The plaintiff failed to establish either that Mr Marsh declared himself trustee of the accounts for her or that Mr Li accepted a trust in her favour; annotations in account statements, the delivery of a cheque, letters and other documents were insufficient to show an intention and effective disposition that divested Mr Marsh of beneficial ownership; withdrawals and subsequent conduct were inconsistent with a trust being created; therefore the plaintiff's proprietary claims fail and the accounts remained beneficially Mr Marsh's and passed to the defendants as administrators/executor.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's claims dismissed.
  • Order nisi that the defendants do have their costs in this action against the plaintiff.