WONG LEUNG WING, a mentally incapacitated person, suing by his wife and next friend TSOI PUI WAH v. WANG JEN KANG AND ANOTHER

WONG LEUNG WING, a mentally incapacitated person, suing by his wife and next friend TSOI PUI WAH v. WANG JEN KANG AND ANOTHER

The court found on the balance of credible oral testimony and contemporaneous documentary evidence (PSPA, PC receipt, OUB mortgage/offer, WLW's housing declarations and supporting witnesses Lam and D1) that the 1992 transaction was a genuine sale and purchase for HK$1.2m, not a trust; the statement of claim did not disclose a reasonable cause of action against the 2nd defendant; P's key witnesses were unreliable and certain hearsay/deceased statements were admissible and supported D1's case; accordingly the plaintiff's claim was dismissed and the discretionary declaration was refused.

Citation
[2020] HKCFI 3086
Parties
Plaintiff (mentally Incapacitated Person): Wong Leung Wing; Next Friend / Wife of Plaintiff: Tsoi Pui Wah; 1st Defendant: Wang Jen Kang; 2nd Defendant: Hui Lai Nai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2020
Case Number
HCA3021/2015
Procedural Posture
Action Beneficial Ownership / Trust Dispute / Judgment (court of First Instance)
Outcome
Claim dismissed
Legal Topics
Constructive Trust, Resulting Trust, Express Trust, Beneficial Ownership, Pleadings, Illegality / Public Policy, Witness Credibility and Contemporaneous Documents, Order 39 Depositions, Declaratory Relief
Source Language
EN
Property Trusts and Equitable Remedies Conveyancing Civil Procedure Evidence Constructive Trust Resulting Trust Express Trust +6 more

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Parties

Wong Leung Wing

Plaintiff (mentally Incapacitated Person)

Tsoi Pui Wah

Next Friend / Wife of Plaintiff

Wang Jen Kang

1st Defendant

Hui Lai Nai

2nd Defendant

Procedural Posture

Action Beneficial Ownership / Trust Dispute / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1992 transaction was a trust arrangement or a genuine sale and purchase
  2. 2 Whether a reasonable cause of action was pleaded against the 2nd defendant
  3. 3 Admissibility and weight of hearsay / deceased witness statements and MIP statements

Ratio Decidendi

The court found on the balance of credible oral testimony and contemporaneous documentary evidence (PSPA, PC receipt, OUB mortgage/offer, WLW's housing declarations and supporting witnesses Lam and D1) that the 1992 transaction was a genuine sale and purchase for HK$1.2m, not a trust; the statement of claim did not disclose a reasonable cause of action against the 2nd defendant; P's key witnesses were unreliable and certain hearsay/deceased statements were admissible and supported D1's case; accordingly the plaintiff's claim was dismissed and the discretionary declaration was refused.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Costs to defendants; costs order nisi that costs of these proceedings be paid by plaintiff to defendants, to be taxed if not agreed