CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS

CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS

The court was not satisfied on the balance of probabilities that (a) there was an agreement that the 1st defendant would carry on the businesses as trustee for the estate or family, or (b) that the 1st defendant purchased the suit premises with business or estate funds; consequently no constructive trust arose and, in any event, the plaintiffs' claim for an account was time‑barred under the Limitation Ordinance; therefore the action was dismissed.

Citation
CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS
Parties
1st Plaintiff: CHAN WAI MING; 2nd Plaintiff: CHAN WAI CHIU; 1st Defendant: CHAN WAI LUN; 2nd Defendant: Personal Representatives of Man So (deceased); 3rd Defendant: Personal Representatives of Chan King Ho (deceased); 4th Defendant: CHAN TSUN HO; 5th Defendant: CHAN WAI CHEONG; 6th Defendant: CHAN WAI MAN; 7th Defendant: CHAN PING HO; 8th Defendant: CHAN SIU HO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2002
Case Number
HCMP775/1995
Procedural Posture
Trust and Estate Dispute (constructive Trust Claim Arising From Intestacy and Partnership Issues) / Judgment (court of First Instance, Deputy High Court Judge Muttrie, 15 January 2002)
Outcome
Action dismissed
Legal Topics
Constructive Trust, Administration of Intestate Estate, Partnership Dissolution and Rights of Deceased Partner, Limitation Period for Claims to Estate, Accounting by Administrators
Source Language
EN
Trusts Probate and Administration Partnership Law Limitation Law Constructive Trust Administration of Intestate Estate Partnership Dissolution and Rights of Deceased Partner Limitation Period for Claims to Estate +1 more

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Parties

CHAN WAI MING

1st Plaintiff

CHAN WAI CHIU

2nd Plaintiff

CHAN WAI LUN

1st Defendant

Personal Representatives of Man So (deceased)

2nd Defendant

Personal Representatives of Chan King Ho (deceased)

3rd Defendant

CHAN TSUN HO

4th Defendant

CHAN WAI CHEONG

5th Defendant

CHAN WAI MAN

6th Defendant

CHAN PING HO

7th Defendant

CHAN SIU HO

8th Defendant

Procedural Posture

Trust and Estate Dispute (constructive Trust Claim Arising From Intestacy and Partnership Issues) / Judgment (court of First Instance, Deputy High Court Judge Muttrie, 15 January 2002)

Legal Issues

  1. 1 Whether the 1st defendant held the suit premises on constructive trust for the estate/beneficiaries
  2. 2 Whether the beneficiaries agreed that the 1st defendant would carry on the businesses as trustee for the family/estate
  3. 3 Whether the suit premises were purchased with business or estate funds

Ratio Decidendi

The court was not satisfied on the balance of probabilities that (a) there was an agreement that the 1st defendant would carry on the businesses as trustee for the estate or family, or (b) that the 1st defendant purchased the suit premises with business or estate funds; consequently no constructive trust arose and, in any event, the plaintiffs' claim for an account was time‑barred under the Limitation Ordinance; therefore the action was dismissed.

Court Disposition

Action dismissed

Orders

  • Action dismissed with costs (nisi) to the 1st plaintiff to be taxed if not agreed.