TSE MAN YIU AND OTHERS v. TSE MAN WAI AND ANOTHER

TSE MAN YIU AND OTHERS v. TSE MAN WAI AND ANOTHER

On the evidence the Plaintiffs failed to prove a common intention constructive trust: pleaded common understanding was defective and unsupported; contemporaneous bank records (passbooks) and credible witness evidence established that Wai made the bulk of mortgage repayments and held the mortgage passbooks; Grandmother's 2007 will and conduct acknowledged Wai's position; consequently a resulting trust arises in Wai's favour as principal contributor and he is sole beneficial owner; mesne profits are payable to Wai in the agreed sum of HKD 278,500.

Citation
[2025] HKCFI 6485
Parties
1st Plaintiff: Tse Man Yiu; 2nd Plaintiff (suing as the Administrator of the Estate of Tse Yui Ming, Deceased): Tse Man Yiu; 3rd Plaintiff (suing as the Administrator of the Estate of Ma Luen Kiu, Deceased): Tse Man Yiu; 4th Plaintiff (suing as the Administrator of the Estate of Tse Man Fung, Deceased): Tse Man Yiu; 5th Plaintiff: Tse Man Ho; 1st Defendant: Tse Man Wai; 2nd Defendant (sued as the Executor of the Will of Tse Hui Yuet Ying, Deceased): Tse Man Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2025
Case Number
HCMP2557/2017
Procedural Posture
Consolidated High Court Action and Miscellaneous Proceedings (hcmp 2557/2017 & HCA 2656/2018) / Judgment (court of First Instance, Decision Dated 31 December 2025)
Outcome
Plaintiffs' claim dismissed; declaration that 1st Defendant (Tse Man Wai) is sole beneficial owner of the Property
Legal Topics
Common Intention Constructive Trust, Resulting Trust, Beneficial Ownership, Nominee Title, Mesne Profits, Assessment of Credibility
Source Language
EN
Trusts and Equitable Remedies Property Law Probate and Wills Civil Procedure Common Intention Constructive Trust Resulting Trust Beneficial Ownership Nominee Title +2 more

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Parties

Tse Man Yiu

1st Plaintiff

Tse Man Yiu

2nd Plaintiff (suing as the Administrator of the Estate of Tse Yui Ming, Deceased)

Tse Man Yiu

3rd Plaintiff (suing as the Administrator of the Estate of Ma Luen Kiu, Deceased)

Tse Man Yiu

4th Plaintiff (suing as the Administrator of the Estate of Tse Man Fung, Deceased)

Tse Man Ho

5th Plaintiff

Tse Man Wai

1st Defendant

Tse Man Wai

2nd Defendant (sued as the Executor of the Will of Tse Hui Yuet Ying, Deceased)

Procedural Posture

Consolidated High Court Action and Miscellaneous Proceedings (hcmp 2557/2017 & HCA 2656/2018) / Judgment (court of First Instance, Decision Dated 31 December 2025)

Legal Issues

  1. 1 Whether a common intention constructive trust arose in favour of the Plaintiffs (the Parents and/or their issue) in respect of the Property
  2. 2 Whether a resulting trust arises from contributions to purchase price and mortgage repayments
  3. 3 Who is the beneficial owner of the Property

Ratio Decidendi

On the evidence the Plaintiffs failed to prove a common intention constructive trust: pleaded common understanding was defective and unsupported; contemporaneous bank records (passbooks) and credible witness evidence established that Wai made the bulk of mortgage repayments and held the mortgage passbooks; Grandmother's 2007 will and conduct acknowledged Wai's position; consequently a resulting trust arises in Wai's favour as principal contributor and he is sole beneficial owner; mesne profits are payable to Wai in the agreed sum of HKD 278,500.

Court Disposition

Plaintiffs' claim dismissed; declaration that 1st Defendant (Tse Man Wai) is sole beneficial owner of the Property

Orders

  • Plaintiffs' claim dismissed
  • Declaration that the 1st Defendant (Tse Man Wai) is the sole beneficial owner of the Property at Flat 4 on 2nd Floor of Block B, Kam On Court, No.20 Hang Kam Street, Shatin, New Territories, Hong Kong