CHEUNG CHO KAM SINDY AND ANOTHER v. CHEUNG YUET YING ROSE

CHEUNG CHO KAM SINDY AND ANOTHER v. CHEUNG YUET YING ROSE

The judge's factual findings that the deceased did not intend gifts and that the defendant held and took funds for herself established constructive/trust obligations and breaches of trust; once such findings are made the presumption of advancement does not apply, therefore the appeal fails.

Citation
CHEUNG CHO KAM SINDY AND ANOTHER v. CHEUNG YUET YING ROSE
Parties
1st Plaintiff: Cheung Cho Kam Sindy (appointed representative of the estate of Madam Lau Mei Tai); 2nd Plaintiff: Cheung Chor Chun Stella; Defendant/appellant: Cheung Yuet Ying Rose
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 December 2009
Case Number
CACV178/2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From HCA No. 885 of 2005
Outcome
Appeal dismissed; judgment below affirmed
Legal Topics
Breach of Trust, Presumption of Advancement, Constructive Trust, Conversion of Funds, Beneficial Ownership, Interim Payment
Source Language
EN
Trusts Equity Succession Civil Procedure Breach of Trust Presumption of Advancement Constructive Trust Conversion of Funds +2 more

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Parties

Cheung Cho Kam Sindy (appointed representative of the estate of Madam Lau Mei Tai)

1st Plaintiff

Cheung Chor Chun Stella

2nd Plaintiff

Cheung Yuet Ying Rose

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From HCA No. 885 of 2005

Legal Issues

  1. 1 Whether funds and deposit box contents were gifts to the defendant or held on trust for the deceased
  2. 2 Whether the defendant converted trust property for her own use
  3. 3 Whether the presumption of advancement applied and shifted the burden of proof

Ratio Decidendi

The judge's factual findings that the deceased did not intend gifts and that the defendant held and took funds for herself established constructive/trust obligations and breaches of trust; once such findings are made the presumption of advancement does not apply, therefore the appeal fails.

Court Disposition

Appeal dismissed; judgment below affirmed

Orders

  • Declaration that all moneys, securities and assets in the deceased's bank accounts held by the defendant (whether solely or jointly) are held on trust for the deceased absolutely
  • Order that the defendant was in breach of trust and had wrongfully converted specified sums