LING WING FAI BILLY AND OTHERS v. LING SHUI FAI AND OTHERS

LING WING FAI BILLY AND OTHERS v. LING SHUI FAI AND OTHERS

On the pleaded facts the beneficial interests of the deceased and plaintiffs arose by operation of law (resulting or common intention constructive trust) as contributions were made; this was not an alienation or agreement to alienate by the registered purchasers and therefore did not breach section 17B(1) of the Housing Ordinance; accordingly Issues (1) and (2) answered in the negative and Issue (3) did not arise.

Citation
LING WING FAI BILLY AND OTHERS v. LING SHUI FAI AND OTHERS
Parties
1st Plaintiff: LING WING FAI BILLY; 2nd Plaintiff: LAM WA; 3rd Plaintiff: LING WING FAI BILLY (Administrator of the estate of WONG KING SHUI); 1st Defendant: LING SHUI FAI; 2nd Defendant: CHU YUEN LUN GARMEN; 3rd Defendant: TAM KWOK CHIU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2007
Case Number
HCA6853/1999
Procedural Posture
Civil Property and Trust Dispute Under the Housing Ordinance / Trial of Preliminary Issues; Judgment on Preliminary Issues
Outcome
Issues (1) and (2) answered in the negative; Issue (3) does not arise.
Legal Topics
Constructive Trust, Resulting Trust, Housing Ordinance Section 17 B (restriction on Alienation), Preliminary Issues
Source Language
EN
Property Law Trusts Housing Law Civil Procedure Constructive Trust Resulting Trust Housing Ordinance Section 17 B (restriction on Alienation) Preliminary Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

LING WING FAI BILLY

1st Plaintiff

LAM WA

2nd Plaintiff

LING WING FAI BILLY (Administrator of the estate of WONG KING SHUI)

3rd Plaintiff

LING SHUI FAI

1st Defendant

CHU YUEN LUN GARMEN

2nd Defendant

TAM KWOK CHIU

3rd Defendant

Procedural Posture

Civil Property and Trust Dispute Under the Housing Ordinance / Trial of Preliminary Issues; Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the alleged family arrangement was void as an agreement to alienate beneficial interest under section 17B(1) of the Housing Ordinance
  2. 2 Whether payments by the deceased and plaintiffs to purchase and mortgage repayments were void under the Housing Ordinance
  3. 3 Whether a successful finding of voidness would afford defendants a defence to plaintiffs' claim or debar plaintiffs from asserting beneficial ownership

Ratio Decidendi

On the pleaded facts the beneficial interests of the deceased and plaintiffs arose by operation of law (resulting or common intention constructive trust) as contributions were made; this was not an alienation or agreement to alienate by the registered purchasers and therefore did not breach section 17B(1) of the Housing Ordinance; accordingly Issues (1) and (2) answered in the negative and Issue (3) did not arise.

Court Disposition

Issues (1) and (2) answered in the negative; Issue (3) does not arise.

Orders

  • Issues (1) and (2) answered in the negative
  • Issue (3) not determined as it does not arise