SIU MEI LIN ANGEL v. YEUNG KAM SIM

SIU MEI LIN ANGEL v. YEUNG KAM SIM

On the admitted facts the plaintiff established a common intention that defendant hold the policies on trust, the plaintiff paid all premiums and relied to her detriment, and it is unconscionable for defendant to retain legal title; accordingly the defendant holds the specified policies as bare trustee for the...

Source-derived case information.

Citation
[2021] HKCFI 492
Parties
Plaintiff: P; Defendant: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2021
Case Number
HCA2369/2017
Procedural Posture
Constructive Trust / Proprietary Claim Concerning Insurance Policies / Judgment at Trial (default Judgment Entered in Part; Trial on Remaining Policies)
Outcome
Judgment for plaintiff: declaration of trust; order to transfer policyholder status; empowerment of solicitor under s25A HCO; variation/discharge of prior injunction on compliance; no order as to costs
Legal Topics
Constructive Trust, Common Intention Constructive Trust, Declaration of Trust, Order to Execute Documents, Mareva/proprietary Injunction
Source Language
en
Trusts Equity Family Law Insurance Law Civil Procedure Constructive Trust Common Intention Constructive Trust Declaration of Trust +2 more

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Parties

P

Plaintiff

D

Defendant

Procedural Posture

Constructive Trust / Proprietary Claim Concerning Insurance Policies / Judgment at Trial (default Judgment Entered in Part; Trial on Remaining Policies)

Legal Issues

  1. 1 Whether the defendant holds the specified insurance policies on constructive (bare) trust for the plaintiff
  2. 2 Whether the plaintiff has established common intention, detrimental reliance and unconscionability required for a common intention constructive trust
  3. 3 Whether the court should order the defendant to execute transfer documents and empower a solicitor under s25A High Court Ordinance to sign on her behalf

Ratio Decidendi

On the admitted facts the plaintiff established a common intention that defendant hold the policies on trust, the plaintiff paid all premiums and relied to her detriment, and it is unconscionable for defendant to retain legal title; accordingly the defendant holds the specified policies as bare trustee for the plaintiff and must effect transfer or be compelled under s25A HCO.

Court Disposition

Judgment for plaintiff: declaration of trust; order to transfer policyholder status; empowerment of solicitor under s25A HCO; variation/discharge of prior injunction on compliance; no order as to costs

Orders

  • Declaration that the defendant as bare trustee was and still is at all times holding AIA Policies nos. B960421499 and B960421486 and Prudential Policy no. 000010686592 on trust for the plaintiff
  • Order that the defendant shall sign all necessary documents to change the policyholder of the three policies to the plaintiff at nil consideration within 28 days of service of the Order