SUEN YAT HAU v. SUEN LAP SHUN

SUEN YAT HAU v. SUEN LAP SHUN

On the evidence and credibility assessment the court found the family arrangement in 1988 meant the defendant was recorded as an additional owner only and held his registered share on trust for the plaintiff; defendant provided no reliable contemporaneous evidence of an August 2002 or late‑2000 rent agreement; therefore Tai Wo Shop is held on trust for the plaintiff absolutely; Discovery Park Property is held on trust as tenants in common in equal shares and must be transferred or sold with accounts.

Citation
[2023] HKCFI 2272
Parties
Plaintiff (hca 745); 2nd Plaintiff (hca 746): Suen Yat Hau; Defendant (hca 745): Suen Lap Shun; 1st Plaintiff (hca 746): Wong Man Yu; Defendant (hca 746): Xie Daphne Pei Wen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2023
Case Number
HCA745/2014
Procedural Posture
Civil: Trust/equity and Land Dispute / Trial — Judgment (court of First Instance)
Outcome
Judgment for plaintiff in HCA 745: Tai Wo Shop held on trust for plaintiff absolutely; defendant’s counterclaim dismissed. Judgment for 1st plaintiff in HCA 746: Discovery Park Property held on trust as tenants in common in equal shares with orders for transfer or sale and accounts.
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Declaration of Trust, Order for Sale, Occupation Rent/mesne Profits, Joint Venture/beneficial Ownership
Source Language
EN
Trusts Property Law Equity Family Law Civil Procedure Land Law Common Intention Constructive Trust Beneficial Ownership +4 more

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Parties

Suen Yat Hau

Plaintiff (hca 745); 2nd Plaintiff (hca 746)

Suen Lap Shun

Defendant (hca 745)

Wong Man Yu

1st Plaintiff (hca 746)

Xie Daphne Pei Wen

Defendant (hca 746)

Procedural Posture

Civil: Trust/equity and Land Dispute / Trial — Judgment (court of First Instance)

Legal Issues

  1. 1 Whether Tai Wo Shop was held by the defendant on trust for the plaintiff (sole beneficial ownership)
  2. 2 Whether an August 2002 agreement existed obliging plaintiff to pay defendant via mortgage contributions
  3. 3 Whether a late‑2000 oral rent agreement existed (HK$20,000/month)

Ratio Decidendi

On the evidence and credibility assessment the court found the family arrangement in 1988 meant the defendant was recorded as an additional owner only and held his registered share on trust for the plaintiff; defendant provided no reliable contemporaneous evidence of an August 2002 or late‑2000 rent agreement; therefore Tai Wo Shop is held on trust for the plaintiff absolutely; Discovery Park Property is held on trust as tenants in common in equal shares and must be transferred or sold with accounts.

Court Disposition

Judgment for plaintiff in HCA 745: Tai Wo Shop held on trust for plaintiff absolutely; defendant’s counterclaim dismissed. Judgment for 1st plaintiff in HCA 746: Discovery Park Property held on trust as tenants in common in equal shares with orders for transfer or sale and accounts.

Orders

  • Declaration that Tai Wo Shop is at all material times and is held by the plaintiff and the defendant on trust for the plaintiff absolutely
  • Declaration that the plaintiff is at all material times the sole beneficial owner of the Tai Wo Shop