LEE SIU BIU AND ANOTHER v. LI SIU SHUEN by TAN HUIQI, his guardian ad litem

LEE SIU BIU AND ANOTHER v. LI SIU SHUEN by TAN HUIQI, his guardian ad litem

No common intention was proved that the parties would hold beneficial ownership jointly; the HK$100,000 transfer was more probably a personal loan; the defendant failed to prove repayment but any claim for the loan is time-barred under s.4 Limitation Ordinance; accordingly plaintiffs' constructive trust claim is dismissed and costs awarded to defendant.

Citation
LEE SIU BIU AND ANOTHER v. LI SIU SHUEN by TAN HUIQI, his guardian ad litem
Parties
1st Plaintiff: Lee Siu Biu; 2nd Plaintiff: So Yuet Wan; Defendant: Li Siu Shuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 May 2017
Case Number
DCCJ4399/2014
Procedural Posture
Civil Action Property Dispute (constructive Trust) / District Court Judgment After Trial
Outcome
Plaintiffs' claim dismissed
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Common Intention, Loan Vs Contribution, Limitation Period, Laches, Costs
Source Language
EN
Trusts Property Contract Civil Procedure Limitation Constructive Trust Resulting Trust Beneficial Ownership +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Lee Siu Biu

1st Plaintiff

So Yuet Wan

2nd Plaintiff

Li Siu Shuen

Defendant

Procedural Posture

Civil Action Property Dispute (constructive Trust) / District Court Judgment After Trial

Legal Issues

  1. 1 Whether there was a common intention that the Property be acquired in joint beneficial ownership
  2. 2 Whether the HK$100,000 transferred by the 1st plaintiff was a contribution to the purchase price or a personal loan
  3. 3 Whether the defendant repaid the alleged loan

Ratio Decidendi

No common intention was proved that the parties would hold beneficial ownership jointly; the HK$100,000 transfer was more probably a personal loan; the defendant failed to prove repayment but any claim for the loan is time-barred under s.4 Limitation Ordinance; accordingly plaintiffs' constructive trust claim is dismissed and costs awarded to defendant.

Court Disposition

Plaintiffs' claim dismissed

Orders

  • 1st and 2nd plaintiffs to pay defendant's costs nisi, with certificate for counsel, to be taxed if not agreed
  • Costs order nisi to be made absolute 14 days from date of judgment in absence of application to vary