TANG CHUI YUK ANGELA AND ANOTHER v. HUNG JIN MUI

TANG CHUI YUK ANGELA AND ANOTHER v. HUNG JIN MUI

On the balance of probabilities the 21 June 1995 transfer was induced by the defendant's misrepresentation and not an inter-vivos gift; contemporaneous solicitor evidence and witness credibility established defendant lied about instructions from the deceased; accordingly the 3,150,000 shares (and earlier 225,000 and 125,000 share allotments/transfers) are held by defendant on trust for Mr Tang and his estate and not beneficially owned by defendant.

Citation
TANG CHUI YUK ANGELA AND ANOTHER v. HUNG JIN MUI
Parties
Plaintiff; Executrix of the Estate of Tang Wing Cheung, Deceased: Tang Chui Yuk Angela; Plaintiff; Executor of the Estate of Tang Wing Cheung, Deceased: Tang Siu Wing; Defendant: Hung Jin Mui
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2006
Case Number
HCA3282/2002
Procedural Posture
Civil Action Trust and Estate Dispute / Trial Judgment (court of First Instance)
Outcome
Judgment for plaintiffs; defendant holds 225,000, 125,000 and 3,150,000 Acegrowth shares on trust for the estate of Tang Wing Cheung
Legal Topics
Constructive Trust, Fraudulent Misrepresentation, Inter Vivos Gift, Beneficial Ownership, Undue Influence, Nominee/shareholding, Share Transfer
Source Language
EN
Trusts Equity Company Law Property Law Probate and Administration Constructive Trust Fraudulent Misrepresentation Inter Vivos Gift +4 more

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Parties

Tang Chui Yuk Angela

Plaintiff; Executrix of the Estate of Tang Wing Cheung, Deceased

Tang Siu Wing

Plaintiff; Executor of the Estate of Tang Wing Cheung, Deceased

Hung Jin Mui

Defendant

Procedural Posture

Civil Action Trust and Estate Dispute / Trial Judgment (court of First Instance)

Legal Issues

  1. 1 Whether 225,000 Acegrowth shares allotted to defendant on 10 July 1989 were an inter-vivos gift or held on trust for the deceased and his estate
  2. 2 Whether 125,000 Acegrowth shares transferred by Mr Lee on 21 July 1989 were held by Mr Lee on trust for the deceased and whether defendant paid HK$125,000 and is beneficial owner
  3. 3 Whether 3,150,000 Acegrowth shares transferred by the deceased to defendant on 21 June 1995 were executed under mistake, misrepresentation or undue influence and whether they were inter-vivos gift or held on trust

Ratio Decidendi

On the balance of probabilities the 21 June 1995 transfer was induced by the defendant's misrepresentation and not an inter-vivos gift; contemporaneous solicitor evidence and witness credibility established defendant lied about instructions from the deceased; accordingly the 3,150,000 shares (and earlier 225,000 and 125,000 share allotments/transfers) are held by defendant on trust for Mr Tang and his estate and not beneficially owned by defendant.

Court Disposition

Judgment for plaintiffs; defendant holds 225,000, 125,000 and 3,150,000 Acegrowth shares on trust for the estate of Tang Wing Cheung

Orders

  • Judgment ordered in terms of paragraphs 1-7, 9 and 10 of the prayer of the Statement of Claim
  • Defendant to account for and hold on trust the 3,150,000 shares transferred on 21 June 1995 and the 225,000 and 125,000 shares found to be held on trust for the deceased and his estate