CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS

CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS

The Court found that the Family Arrangement effected an apportionment of the fenced area into specific portions for each family member as per the Diagram and thereby constituted a trust in relation to those allotted portions; however, because there was no formal partition of the larger Lot 1139 RP or of Yat On's three-fifths proprietary interest, the sisters could not be held to each own a one-sixth share of that three-fifths interest; nonetheless Yat On was a trustee in respect of the allotted portions and was ordered to account for and pay over sums due from the government resumption proceeds.

Citation
CHOW YUK TAI AND OTHERS v. CHOW YAT ON AND OTHERS
Parties
1st Plaintiff: CHOW YUK TAI; 2nd Plaintiff: CHOW KOON TAI; 3rd Plaintiff: CHOW TAI TAI WINNIE; 1st Defendant: CHOW YAT ON; 2nd Defendant: LAU KAM HO; 3rd Defendant: CHOW CHI MAN; 4th Defendant: CHOW CHI MO; 5th Defendant: CHOW WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2007
Case Number
HCA1260/2002
Procedural Posture
Civil Property/trust / Judgment (court of First Instance)
Outcome
Judgment in part for the plaintiffs: trust recognized over allotted portions of the fenced area; account ordered against defendant Yat On; plaintiffs' other reliefs dismissed or not ordered.
Legal Topics
Declaration/constitution of Trust, Constructive/common Intention Trust, Trustee Duty to Account, Interpretation of Family Arrangement, Allocation of Compensation
Source Language
EN
Property Law Trusts and Equity Land Resumption/compensation Civil Procedure Declaration/constitution of Trust Constructive/common Intention Trust Trustee Duty to Account Interpretation of Family Arrangement +1 more

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Parties

CHOW YUK TAI

1st Plaintiff

CHOW KOON TAI

2nd Plaintiff

CHOW TAI TAI WINNIE

3rd Plaintiff

CHOW YAT ON

1st Defendant

LAU KAM HO

2nd Defendant

CHOW CHI MAN

3rd Defendant

CHOW CHI MO

4th Defendant

CHOW WING

5th Defendant

Procedural Posture

Civil Property/trust / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the Family Arrangement created a trust binding the family in respect of parts of the fenced area
  2. 2 Whether the sisters each acquired a one-sixth beneficial share of Yat On's three-fifths interest in Lot 1139 RP
  3. 3 Whether the deed of gift to Yat On effected sole beneficial ownership

Ratio Decidendi

The Court found that the Family Arrangement effected an apportionment of the fenced area into specific portions for each family member as per the Diagram and thereby constituted a trust in relation to those allotted portions; however, because there was no formal partition of the larger Lot 1139 RP or of Yat On's three-fifths proprietary interest, the sisters could not be held to each own a one-sixth share of that three-fifths interest; nonetheless Yat On was a trustee in respect of the allotted portions and was ordered to account for and pay over sums due from the government resumption proceeds.

Court Disposition

Judgment in part for the plaintiffs: trust recognized over allotted portions of the fenced area; account ordered against defendant Yat On; plaintiffs' other reliefs dismissed or not ordered.

Orders

  • Defendant Chow Yat On to give a full account of each sister's share of the compensation received from the Government corresponding to the portion allotted to her under the Family Arrangement
  • Defendant Chow Yat On to account for and disclose all profits made or continuing to be made by using or investing the respective shares of the compensation