PETER TSUI YAN SAU v. WONG CHEUNG HIN AND ANOTHER

PETER TSUI YAN SAU v. WONG CHEUNG HIN AND ANOTHER

The only trust created by the Crown lease was the limited building-grant trust under the Grant Code which was discharged on repayment of the $10,000; no general charitable trust or resulting trust over the premises was established for the donors or broadly for education, but the court found limited trusts in favour of Wah Yan College for sums raised by a school lottery (~$2,500) and contributions (~$2,800); the 1932 assignment, assumption of mortgage and the parties' conduct dissolved the school partnership and estopped the first defendant from asserting a beneficial interest, entitling the plaintiff to deletion of the habendum phrase but only a declaration subject to the small...

Citation
PETER TSUI YAN SAU v. WONG CHEUNG HIN AND ANOTHER
Parties
Plaintiff: Peter Tsui Yan Sau; First Defendant: Wong Cheung Hin, Executor of Lim Hoy Lan, deceased; Second Defendant: The Attorney General
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 1973
Case Number
HCA628/1968
Procedural Posture
Civil Equity — Declaration of Equitable Title and Rectification of Crown Lease / Judgment (trial)
Outcome
Plaintiff's claim partially allowed: court ordered deletion of specified trusteeship wording from the Crown lease and granted a declaration of equitable title subject to limited trusts in favour of Wah Yan College; plaintiff granted leave to apply in Chambers to determine exact amounts of those trusts; costs...
Legal Topics
Declaration of Trust, Resulting Trust, Express Vs Implied Trusts, Estoppel by Representation, Grant Aided School Funding, Amendment/rectification of Lease, Cy Pres Doctrine
Source Language
EN
Equity Trusts Property Land Law Charitable Trusts Declaration of Trust Resulting Trust Express Vs Implied Trusts +4 more

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Parties

Peter Tsui Yan Sau

Plaintiff

Wong Cheung Hin, Executor of Lim Hoy Lan, deceased

First Defendant

The Attorney General

Second Defendant

Procedural Posture

Civil Equity — Declaration of Equitable Title and Rectification of Crown Lease / Judgment (trial)

Legal Issues

  1. 1 Whether the premises are subject to a valid charitable trust or any trust other than the building grant trust
  2. 2 Whether the habendum clause referring to trusteeship under the Grant Code should be deleted
  3. 3 Whether the plaintiff holds the premises absolutely in equity or as trustee for others (including beneficiaries of Lim)

Ratio Decidendi

The only trust created by the Crown lease was the limited building-grant trust under the Grant Code which was discharged on repayment of the $10,000; no general charitable trust or resulting trust over the premises was established for the donors or broadly for education, but the court found limited trusts in favour of Wah Yan College for sums raised by a school lottery (~$2,500) and contributions (~$2,800); the 1932 assignment, assumption of mortgage and the parties' conduct dissolved the school partnership and estopped the first defendant from asserting a beneficial interest, entitling the plaintiff to deletion of the habendum phrase but only a declaration subject to the small...

Court Disposition

Plaintiff's claim partially allowed: court ordered deletion of specified trusteeship wording from the Crown lease and granted a declaration of equitable title subject to limited trusts in favour of Wah Yan College; plaintiff granted leave to apply in Chambers to determine exact amounts of those trusts; costs...

Orders

  • Delete the words 'as trustee under the Grant Code 1914 for the Wah Yan College, Kowloon Branch' from the habendum of the Crown lease
  • Declaration that plaintiff is entitled in equity to the premises subject to the trust in favour of Wah Yan College in respect of sums raised by the school lottery and contributions (amounts to be determined)