HUI CHUN PING v. HUI KAU MO

HUI CHUN PING v. HUI KAU MO

The Court held that s.20(1)(b) does not apply to the defendant because the alleged constructive trust arose from the defendant's own wrongful acquisition (category 2), so the six-year limitation in s.20(2) applies and the claim was time-barred; ancillary claims for accounts and equitable compensation are ancillary to and substantially the same as the barred breach of trust claim and are therefore also barred; appeal dismissed.

Citation
[2024] HKCFA 32
Parties
Plaintiff (appellant): Hui Chun Ping; Defendant (respondent): Hui Kau Mo
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
23 December 2024
Case Number
FACV6/2024
Procedural Posture
Final Appeal (civil) / Appeal to Court of Final Appeal From Court of Appeal (on Appeal From CACV No. 377 of 2022); Judgment Delivered
Outcome
Appeal dismissed unanimously
Legal Topics
Constructive Trust, Limitation Periods (limitation Ordinance Cap.347 S.20), Proprietary Remedies, Accounts and Inquiries, Equitable Compensation (no Profit/no Conflict)
Source Language
EN
Equity and Trusts Limitation Law Fiduciary Duty Civil Procedure Constructive Trust Limitation Periods (limitation Ordinance Cap.347 S.20) Proprietary Remedies Accounts and Inquiries +1 more

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Parties

Hui Chun Ping

Plaintiff (appellant)

Hui Kau Mo

Defendant (respondent)

Procedural Posture

Final Appeal (civil) / Appeal to Court of Final Appeal From Court of Appeal (on Appeal From CACV No. 377 of 2022); Judgment Delivered

Legal Issues

  1. 1 Whether s.20(1)(b) of the Limitation Ordinance excludes the limitation period for recovery of property alleged to be held on a constructive trust by the defendant
  2. 2 Whether s.20(2) imposes a six-year limitation period and when the cause of action accrued or was discoverable
  3. 3 Whether claims for an account and inquiries survive when a proprietary constructive trust claim is statute barred

Ratio Decidendi

The Court held that s.20(1)(b) does not apply to the defendant because the alleged constructive trust arose from the defendant's own wrongful acquisition (category 2), so the six-year limitation in s.20(2) applies and the claim was time-barred; ancillary claims for accounts and equitable compensation are ancillary to and substantially the same as the barred breach of trust claim and are therefore also barred; appeal dismissed.

Court Disposition

Appeal dismissed unanimously

Orders

  • Appeal dismissed
  • Order nisi that the costs of the appeal be paid by the plaintiff to the defendant; parties may file written submissions within 14 days to vary the order and the Court will make a final costs order on the papers