CHAN KIN MING AND ANOTHER v. CHAN KAM KAY

CHAN KIN MING AND ANOTHER v. CHAN KAM KAY

On the uncontradicted sworn evidence that the plaintiffs paid the purchase price and related costs, that the parties agreed the defendant would hold the property for the plaintiffs and that the defendant had agreed in writing to transfer the beneficial interest back, the court found the defendant holds the legal title as trustee for the plaintiffs and ordered a declaration and conveyance plus costs.

Citation
CHAN KIN MING AND ANOTHER v. CHAN KAM KAY
Parties
1st Plaintiff: Chan Kin Ming; 2nd Plaintiff: Kwan Siu Fong; Defendant: Chan Kam Kay
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 August 2010
Case Number
DCCJ5167/2009
Procedural Posture
Civil Action Declaration for Beneficial Ownership / Ruling on Ex Parte Application for Judgment Under Order 19 Rule 7
Outcome
Judgment for the plaintiffs: declaration that the defendant holds the specified apartment on trust for the plaintiffs; order to convey and costs awarded.
Legal Topics
Constructive Trust, Resulting Trust, Declaratory Relief, Conveyance Order, Default/unsupported Defence
Source Language
EN
Trusts Property Equity Civil Procedure Conveyancing Constructive Trust Resulting Trust Declaratory Relief +2 more

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Parties

Chan Kin Ming

1st Plaintiff

Kwan Siu Fong

2nd Plaintiff

Chan Kam Kay

Defendant

Procedural Posture

Civil Action Declaration for Beneficial Ownership / Ruling on Ex Parte Application for Judgment Under Order 19 Rule 7

Legal Issues

  1. 1 Whether the defendant holds legal title on trust for the plaintiffs
  2. 2 Whether a declaratory judgment and an order to convey may be made on an ex parte application without a trial
  3. 3 Whether plaintiffs are entitled to costs

Ratio Decidendi

On the uncontradicted sworn evidence that the plaintiffs paid the purchase price and related costs, that the parties agreed the defendant would hold the property for the plaintiffs and that the defendant had agreed in writing to transfer the beneficial interest back, the court found the defendant holds the legal title as trustee for the plaintiffs and ordered a declaration and conveyance plus costs.

Court Disposition

Judgment for the plaintiffs: declaration that the defendant holds the specified apartment on trust for the plaintiffs; order to convey and costs awarded.

Orders

  • Declaration that Apartment A4, 8th Floor, Tin Shing Court (KWUN TONG INLAND LOT NO. 393) is beneficially owned by the 1st and 2nd Plaintiffs jointly and that the Defendant holds it on trust for them.
  • Order that the Defendant do, within 14 days upon service of this order, convey the Trust Property to the Plaintiffs absolutely and sign all necessary documents to vest the beneficial interest in the Plaintiffs jointly.