張聘心 對 黃志恒

張聘心 對 黃志恒

The appeal is dismissed because the respondent failed to discharge the evidential burden to prove he was the beneficial owner; the trial judge's adverse credibility findings and factual conclusions were supported by the evidence and were not shown to be plainly wrong; the costs order under the Legal Aid Ordinance...

Source-derived case information.

Citation
[2022] HKCA 1258
Parties
Applicant: CHEUNG PING SUM (張聘心); Respondent: WONG CHI HANG (黃志恒), as administrator of the estate of WONG SUN, deceased
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 August 2022
Case Number
CACV65/2020
Procedural Posture
Civil Appeal / Appeal (written Submissions)
Outcome
appeal dismissed; original judgment and costs orders affirmed
Legal Topics
Constructive Trust, Resulting Trust, Proprietary Estoppel, Intestacy, Estate Administration, Costs Legal Aid
Source Language
ch
Succession Trusts Property Civil Procedure Legal Aid Constructive Trust Resulting Trust Proprietary Estoppel +3 more

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Parties

CHEUNG PING SUM (張聘心)

Applicant

WONG CHI HANG (黃志恒), as administrator of the estate of WONG SUN, deceased

Respondent

Procedural Posture

Civil Appeal / Appeal (written Submissions)

  1. 1 Who is the beneficial owner of the property registered in the deceased father's name
  2. 2 Allocation of burden of proof for asserting beneficial ownership against an estate
  3. 3 Weight to be given to documentary admissions drafted by a party's lawyers

Ratio Decidendi

The appeal is dismissed because the respondent failed to discharge the evidential burden to prove he was the beneficial owner; the trial judge's adverse credibility findings and factual conclusions were supported by the evidence and were not shown to be plainly wrong; the costs order under the Legal Aid Ordinance s17(3) was justified by the respondent's improper conduct and untruthful case.

Court Disposition

appeal dismissed; original judgment and costs orders affirmed

Orders

  • Appeal dismissed and judgment of the Court below upheld
  • Respondent ordered to pay the applicant's costs of this appeal to be assessed summarily