LO MAN KAM v. LAW MAN WAI

LO MAN KAM v. LAW MAN WAI

On the balance of probabilities the court preferred Kam and Sim's evidence and contemporaneous documents: the deceased intended the transfers to Wai to be shared between Wai and Kam; the payments by Wai to Kam and Sim were repayments of that joint gift; accordingly Wai held funds on trust for Kam and Sim in respect of the sums at issue and Sim is the beneficial owner of the Properties; Kam is entitled to an account of the 6th Aunt's Gift and Wai's claim is dismissed.

Citation
LO MAN KAM v. LAW MAN WAI
Parties
Plaintiff (hca 2307/2009) / Defendant (hca 143/2010): Law Man Wai; Defendant (hca 2307/2009): Kwan Sau Sim; Plaintiff (hca 143/2010): Lo Man Kam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 2013
Case Number
HCA143/2010
Procedural Posture
High Court Action (equity/trust and Proprietary Claims) / Judgment After Trial
Outcome
Wai's claim (HCA 2307/2009) dismissed; Kam's claim (HCA 143/2010) succeeds in part; declarations and monetary orders made in favour of Kam and Sim
Legal Topics
Gift, Beneficial Ownership, Constructive/resulting Trust, Accounting by Trustee, Declaration of Ownership, Damages
Source Language
EN
Equity Trust Property Probate Civil Remedies Gift Beneficial Ownership Constructive/resulting Trust +3 more

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Parties

Law Man Wai

Plaintiff (hca 2307/2009) / Defendant (hca 143/2010)

Kwan Sau Sim

Defendant (hca 2307/2009)

Lo Man Kam

Plaintiff (hca 143/2010)

Procedural Posture

High Court Action (equity/trust and Proprietary Claims) / Judgment After Trial

Legal Issues

  1. 1 Whether monies transferred by the deceased (6th Aunt) to Wai were gifted to Wai alone or held for the joint benefit of Wai and Kam
  2. 2 Whether Wai held trust property for Kam requiring an account
  3. 3 Whether the properties registered in Sim's name were beneficially owned by Wai or by Sim (repayment of the 6th Aunt's Gift)

Ratio Decidendi

On the balance of probabilities the court preferred Kam and Sim's evidence and contemporaneous documents: the deceased intended the transfers to Wai to be shared between Wai and Kam; the payments by Wai to Kam and Sim were repayments of that joint gift; accordingly Wai held funds on trust for Kam and Sim in respect of the sums at issue and Sim is the beneficial owner of the Properties; Kam is entitled to an account of the 6th Aunt's Gift and Wai's claim is dismissed.

Court Disposition

Wai's claim (HCA 2307/2009) dismissed; Kam's claim (HCA 143/2010) succeeds in part; declarations and monetary orders made in favour of Kam and Sim

Orders

  • Declaration that Kwan Sau Sim is and was at all material times the beneficial owner of the Properties and that Wai has no interest in them
  • Damages to Sim for adverse claims by Wai in the sum of HKD 1,030,000 (HKD 180,000 compensation to purchaser and HKD 850,000 rental difference)