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

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

Plaintiffs failed to prove on the balance of probabilities any common intention constructive trust as pleaded; contemporaneous bank records (HSBC passbooks) and other objective evidence showed defendant Wai bore the bulk of mortgage repayments and acted as guarantor; in absence of common intention the court applied the presumption of resulting trust and held Wai to be sole beneficial owner; Plaintiffs' claims dismissed and defendant awarded declaration and mesne profits.

Citation
[2025] HKCFI 6485
Parties
1st Plaintiff: Tse Man Yiu; 2nd Plaintiff: Tse Man Yiu, suing as the Administrator of the estate of Tse Yui Ming, deceased; 3rd Plaintiff: Tse Man Yiu, suing as the Administrator of the estate of Ma Luen Kiu, deceased; 4th Plaintiff: Tse Man Yiu, suing as the Administrator of the estate of Tse Man Fung, deceased; 5th Plaintiff: Tse Man Ho; 1st Defendant: Tse Man Wai; 2nd Defendant: Tse Man Wai, sued as the Executor of the will of Tse Hui Yuet Ying, deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2025
Case Number
HCA2656/2018
Procedural Posture
High Court Action and Miscellaneous Proceedings (property/trust Dispute) / Final Judgment After Trial
Outcome
Plaintiffs' claim dismissed; 1st Defendant (Tse Man Wai) declared sole beneficial owner of the Property
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Nominee Title, Mesne Profits, HOS Scheme Issues
Source Language
EN
Property Law Trusts and Equity Probate and Estate Administration Civil Procedure Constructive Trust Resulting Trust Beneficial Ownership Nominee Title +2 more

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Parties

Tse Man Yiu

1st Plaintiff

Tse Man Yiu, suing as the Administrator of the estate of Tse Yui Ming, deceased

2nd Plaintiff

Tse Man Yiu, suing as the Administrator of the estate of Ma Luen Kiu, deceased

3rd Plaintiff

Tse Man Yiu, suing as the Administrator of the estate of Tse Man Fung, deceased

4th Plaintiff

Tse Man Ho

5th Plaintiff

Tse Man Wai

1st Defendant

Tse Man Wai, sued as the Executor of the will of Tse Hui Yuet Ying, deceased

2nd Defendant

Procedural Posture

High Court Action and Miscellaneous Proceedings (property/trust Dispute) / Final Judgment After Trial

Legal Issues

  1. 1 Whether a common intention constructive trust was established in favour of the Plaintiffs (Parents and their issue)
  2. 2 Whether a resulting trust arises from contributions to purchase price/mortgage repayments
  3. 3 Who beneficially owned the Property at time of Grandmother's death

Ratio Decidendi

Plaintiffs failed to prove on the balance of probabilities any common intention constructive trust as pleaded; contemporaneous bank records (HSBC passbooks) and other objective evidence showed defendant Wai bore the bulk of mortgage repayments and acted as guarantor; in absence of common intention the court applied the presumption of resulting trust and held Wai to be sole beneficial owner; Plaintiffs' claims dismissed and defendant awarded declaration and mesne profits.

Court Disposition

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

Orders

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