WONG MAN YU AND ANOTHER v. XIE DAPHNE PEI WEN

WONG MAN YU AND ANOTHER v. XIE DAPHNE PEI WEN

The court preferred the plaintiff’s credible account and found no cogent evidence of a common intention that Lap Shun held a beneficial interest in Tai Wo Shop; the additional registered ownership was for parental assurance/security and not a transfer of beneficial ownership; the alleged August 2002 Agreement did not exist; accordingly 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 remedies including transfer and sale were ordered.

Citation
[2023] HKCFI 2272
Parties
Plaintiff; 2nd Plaintiff in HCA 746: Suen Yat Hau; Defendant in HCA 745: Suen Lap Shun; 1st Plaintiff in HCA 746: Wong Man Yu; Defendant in HCA 746: Xie Daphne Pei Wen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2023
Case Number
HCA746/2014
Procedural Posture
Civil Trial (declarations and Equitable Relief) / Judgment After Trial
Outcome
HCA 745: Judgment for Plaintiff Suen Yat Hau — declarations and transfer ordered; Defendant’s counterclaim dismissed; costs to plaintiff. HCA 746: Judgment for 1st Plaintiff Wong Man Yu — declaration Discovery Park Property held on trust as tenants in common equal shares; transfer and order for sale granted;...
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Declaration of Trust, Order for Sale, Occupation Rent/mesne Profits, Joint Venture Agreement, Mortgage Obligations, Evidence and Credibility
Source Language
EN
Property Law Trusts and Equity Family Arrangements Contract Landlord and Tenant Civil Procedure Common Intention Constructive Trust Beneficial Ownership +6 more

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Parties

Suen Yat Hau

Plaintiff; 2nd Plaintiff in HCA 746

Suen Lap Shun

Defendant in HCA 745

Wong Man Yu

1st Plaintiff in HCA 746

Xie Daphne Pei Wen

Defendant in HCA 746

Procedural Posture

Civil Trial (declarations and Equitable Relief) / Judgment After Trial

Legal Issues

  1. 1 Whether Tai Wo Shop was held on trust for Suen Yat Hau (common intention constructive trust)
  2. 2 Whether the August 2002 Agreement existed and its legal effect
  3. 3 Whether late‑2000 alleged rent payments and subsequent payments discharged obligations or evidenced beneficial ownership

Ratio Decidendi

The court preferred the plaintiff’s credible account and found no cogent evidence of a common intention that Lap Shun held a beneficial interest in Tai Wo Shop; the additional registered ownership was for parental assurance/security and not a transfer of beneficial ownership; the alleged August 2002 Agreement did not exist; accordingly 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 remedies including transfer and sale were ordered.

Court Disposition

HCA 745: Judgment for Plaintiff Suen Yat Hau — declarations and transfer ordered; Defendant’s counterclaim dismissed; costs to plaintiff. HCA 746: Judgment for 1st Plaintiff Wong Man Yu — declaration Discovery Park Property held on trust as tenants in common equal shares; transfer and order for sale granted;...

Orders

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