TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND OTHERS

TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND OTHERS

The Form As were repeated, contemporaneous, clear declarations by Elisons officers that the Credit Suisse account was held for the five siblings in equal shares; accordingly an express trust was validly constituted over the chose in action and withdrawals constituted breaches. TCS and Mother, as directors/signatories, knowingly received and assisted the breaches and are liable for dishonest assistance and knowing receipt; plaintiffs are entitled to proprietary remedies, tracing and equitable compensation (60% of unaccounted withdrawals = US$2,399,310) and an account/enquiry. The limitation defence fails under the facts and s26; in the probate action the 2008 Joint Will (and 2007...

Citation
[2025] HKCFI 4788
Parties
1st Plaintiff (hca 439/2020); 2nd Plaintiff (hcap 3/2021): TAN CHENG GAY; 2nd Plaintiff (hca 439/2020); 3rd Plaintiff (hcap 3/2021): TAN YOK KOON; 3rd Plaintiff (hca 439/2020); 1st Plaintiff (hcap 3/2021): TAN CHOO PIN; 1st Defendant (hca 439/2020); 1st Defendant and 2nd Defendant (personal Representative/executrix) (hcap 3/2021): TAN CHOO SUAN; 3rd Defendant (hca 439/2020) Absent: TAN CHIN HOON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2025
Case Number
HCA439/2020
Procedural Posture
Civil — Trusts and Probate (hca 439/2020 and HCAP 3/2021) / Trial — Judgment (final)
Outcome
Judgment for plaintiffs TCG, TYK and TCP in the Elison Action (HCA 439/2020): trust established; defendants TCS and Mother held liable for knowing receipt and dishonest assistance. In the Probate Action (HCAP 3/2021) judgment for propounder: the 2008 Joint Will (and related 2007 wills and 2008 codicil) were valid;...
Legal Topics
Express Trust Creation, Dishonest Assistance, Knowing Receipt, Constructive Trust, Tracing and Proprietary Remedies, Testamentary Capacity, Undue Influence, Joint/mutual Wills, Limitation/section 26 Limitation Ordinance
Source Language
EN
Trusts Equity Probate and Wills Civil Fraud and Remedies Limitation Express Trust Creation Dishonest Assistance Knowing Receipt +6 more

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Parties

TAN CHENG GAY

1st Plaintiff (hca 439/2020); 2nd Plaintiff (hcap 3/2021)

TAN YOK KOON

2nd Plaintiff (hca 439/2020); 3rd Plaintiff (hcap 3/2021)

TAN CHOO PIN

3rd Plaintiff (hca 439/2020); 1st Plaintiff (hcap 3/2021)

TAN CHOO SUAN

1st Defendant (hca 439/2020); 1st Defendant and 2nd Defendant (personal Representative/executrix) (hcap 3/2021)

TAN CHIN HOON

3rd Defendant (hca 439/2020) Absent

Procedural Posture

Civil — Trusts and Probate (hca 439/2020 and HCAP 3/2021) / Trial — Judgment (final)

Legal Issues

  1. 1 Whether an express trust was created over the Credit Suisse account in favour of the five siblings
  2. 2 Whether funds deposited into the Credit Suisse account belonged beneficially to Father or to TCS/Mother
  3. 3 Whether defendants (TCS and Mother) are liable for breach of trust, dishonest assistance and/or knowing receipt

Ratio Decidendi

The Form As were repeated, contemporaneous, clear declarations by Elisons officers that the Credit Suisse account was held for the five siblings in equal shares; accordingly an express trust was validly constituted over the chose in action and withdrawals constituted breaches. TCS and Mother, as directors/signatories, knowingly received and assisted the breaches and are liable for dishonest assistance and knowing receipt; plaintiffs are entitled to proprietary remedies, tracing and equitable compensation (60% of unaccounted withdrawals = US$2,399,310) and an account/enquiry. The limitation defence fails under the facts and s26; in the probate action the 2008 Joint Will (and 2007...

Court Disposition

Judgment for plaintiffs TCG, TYK and TCP in the Elison Action (HCA 439/2020): trust established; defendants TCS and Mother held liable for knowing receipt and dishonest assistance. In the Probate Action (HCAP 3/2021) judgment for propounder: the 2008 Joint Will (and related 2007 wills and 2008 codicil) were valid;...

Orders

  • TCS and Mother to pay equitable compensation of US$2,399,310 to TCG, TYK and TCP
  • Interest on US$2,399,310 at 1% above prime from date of writ to date of judgment and thereafter at judgment rate until payment in full