PANG KAM CHUEN, the sole executor of the estate of PANG YEUK CHI, deceased v. PANG KAM BOR

PANG KAM CHUEN, the sole executor of the estate of PANG YEUK CHI, deceased v. PANG KAM BOR

On the balance of probabilities the court finds no common intention constructive trust: the contemporaneous evidence, credible witness testimony for the Defendant, absence of contemporaneous documentation supporting a trust and the unreliable delayed statements of the deceased establish the Father intended an absolute gift of the Property to the Defendant; claim dismissed and costs awarded to Defendant.

Citation
[2023] HKDC 1346
Parties
Plaintiff (sole Executor of the Estate of PANG YEUK Chi, Deceased): PANG KAM CHUEN; Defendant: PANG KAM BOR
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 October 2023
Case Number
DCCJ348/2021
Procedural Posture
Civil Property/equity (common Intention Constructive Trust) / Judgment After Trial (district Court)
Outcome
Claim dismissed
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Gift (marital Gift), Hearsay and Weight of Deceased Statements, Illegality Conspiracy to Defraud, Costs
Source Language
EN
Equity Trusts Property Law Evidence Criminal Law Common Intention Constructive Trust Beneficial Ownership Gift (marital Gift) +3 more

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Parties

PANG KAM CHUEN

Plaintiff (sole Executor of the Estate of PANG YEUK Chi, Deceased)

PANG KAM BOR

Defendant

Procedural Posture

Civil Property/equity (common Intention Constructive Trust) / Judgment After Trial (district Court)

Legal Issues

  1. 1 Whether the Property was held by the Defendant on a common intention constructive trust for the Father/plaintiff
  2. 2 Whether the Father intended an absolute gift to the Defendant
  3. 3 What weight to give the deceased Father's written statements and will under s49 Evidence Ordinance

Ratio Decidendi

On the balance of probabilities the court finds no common intention constructive trust: the contemporaneous evidence, credible witness testimony for the Defendant, absence of contemporaneous documentation supporting a trust and the unreliable delayed statements of the deceased establish the Father intended an absolute gift of the Property to the Defendant; claim dismissed and costs awarded to Defendant.

Court Disposition

Claim dismissed

Orders

  • Action dismissed
  • Plaintiff to pay Defendant's costs of the action including all reserved costs, to be taxed with certificate for counsel if not agreed