PANG KAM HONG EDDIE v. YEUNG SUK MAN AND ANOTHER

PANG KAM HONG EDDIE v. YEUNG SUK MAN AND ANOTHER

On the balance of probabilities the court accepted the Plaintiff's account that the cash in the Deposit Box was given to the 1st Defendant to hold on trust; despite weaknesses and some doubt the totality of evidence and explanations supported finding of an express trust; because the proceedings arose from the Plaintiff's concealment of assets, the Plaintiff was ordered to pay the Official Receiver's costs.

Citation
PANG KAM HONG EDDIE v. YEUNG SUK MAN AND ANOTHER
Parties
Plaintiff: PANG KAM HONG EDDIE; 1st Defendant: YEUNG SUK MAN; 2nd Defendant: THE OFFICIAL RECEIVER, TRUSTEE IN BANKRUPTCY OF THE ESTATE OF YEUNG SUK MAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 April 2008
Case Number
DCMP3210/2007
Procedural Posture
Miscellaneous Proceedings (declaration of Trust) / Judgment (handed Down)
Outcome
Declaration granted that funds in Safe Deposit Box No. 275-60731 are held on trust for the Plaintiff; Plaintiff ordered to pay the Official Receiver's costs; no order as to costs between Plaintiff and 1st Defendant (order nisi).
Legal Topics
Declaration of Trust, Safe Deposit Box, Trustee in Bankruptcy, Costs Order, Evidence and Burden of Proof
Source Language
EN
Trusts Bankruptcy Civil Procedure Property Declaration of Trust Safe Deposit Box Trustee in Bankruptcy Costs Order +1 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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PANG KAM HONG EDDIE

Plaintiff

YEUNG SUK MAN

1st Defendant

THE OFFICIAL RECEIVER, TRUSTEE IN BANKRUPTCY OF THE ESTATE OF YEUNG SUK MAN

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (declaration of Trust) / Judgment (handed Down)

Legal Issues

  1. 1 Whether the funds in Safe Deposit Box No. 275-60731 were held on express trust for the Plaintiff
  2. 2 Effect of the 1st Defendant's bankruptcy on assets alleged to be held on trust
  3. 3 Whether the Plaintiff proved the trust on the balance of probabilities

Ratio Decidendi

On the balance of probabilities the court accepted the Plaintiff's account that the cash in the Deposit Box was given to the 1st Defendant to hold on trust; despite weaknesses and some doubt the totality of evidence and explanations supported finding of an express trust; because the proceedings arose from the Plaintiff's concealment of assets, the Plaintiff was ordered to pay the Official Receiver's costs.

Court Disposition

Declaration granted that funds in Safe Deposit Box No. 275-60731 are held on trust for the Plaintiff; Plaintiff ordered to pay the Official Receiver's costs; no order as to costs between Plaintiff and 1st Defendant (order nisi).

Orders

  • Declare that the money inside Safe Deposit Box No. 275-60731 at Hang Seng Bank is held by the 1st Defendant on trust for the Plaintiff.
  • Plaintiff to pay the costs of the Official Receiver.